MAHAVIR PRASAD Vs. TARA CHAND

JUDGEMENT

(1.) THE present revision petition has been filed for setting aside the order dated 30.5.2008 passed by for Commission Gurgaon Division, Gurgaon.

(2.) THE brief facts of case are that the post of Lambardar in village Datal Tehsil Narnaul fell vacant consequent upon the demise of previous Lambardar, Nand Ram. After munadi for the post of Lambardar, four applications were received and the antecedent of all the candidate were verified. However, candidate Tara Chand and Raj Kumar did not appear before Assistant Collector IInd Grade. Therefore, ex parte proceedings were initiated against them. The evidence of remaining two candidates Mahavir Prasad and Lakhi Ram was taken. The candidate Lakhi Ram withdrew his application to support Mahavir Prasad. The Assistant Collector IInd Grade recommended the name of Mahavir Prasad as Lambardar of village Datal.

(3.) THE petitioner's counsel further argued that respondent No. 1 seldom stays in the village because he has land in the name of his wife in village 'Devta' (Rajasthan) and he resides there as well and relied on case law 1993 P.L.J. 177; whereas petitioner resides in the village and is always available in the village. Moreover, the petitioner is a young man of 44 years of age while respondent No. 1 is 53 years of age. In addition, the petitioner deposited Rs. 5,35,000/- in small saving scheme and his name is recommended by Assistant Collector first grade and the Ld. Collector appointed him as Lambardar if village Datal. The Counsel relied on the case law Sumer Singh v. Rameshwar 1999 (2) R.C.R. (Civil) and 497, 2008 (I) Vo (8) Local Act Report. The petitioner counsel prayed for accepting the present revision petition and setting aside the impugned order dated 30.5.2008 passed by the Commissioner, Gurgaon Division Gurgaon.