SUMER SINGH Vs. RAMESHWAR

JUDGEMENT

(1.) THIS is an appeal under Section 13 of the Punjab Land Revenue Act against the orders of the Commissioner, Hisar Division dated 21.8.1998 by which he accepted the appeal against the orders of the Collector, Bhiwani dated 31.12.1997 appointing Shri Sumer Singh the present petitioner as Lambardar. The counsel for the petitioner/appellant has argued that the Commissioner's order giving a better weightage to the respondent on the ground that he has 8 kanals of land was wrong since possession of land was not an essential criteria in the appointment of a Harijan Lambardar. He has also pointed out that the contention of the Commissioner that the respondent Rameshwar is older than the petitioner Shri Sumer Singh and thus more matured is also erroneous. It has been argued that thirty years cannot be considered a very young age and an aged man need not necessarily be a matured man. The counsel has further argued that the Commissioner, Hisar has no justification in interfering with the orders of the Collector, Bhiwani which was a well- reasoned order based on an analysis of comparative merits of the candidates and the recommendations made by Subordinate Revenue Officers. He drew my attention to the well-settled principle that the orders of the Collector in Lambardari cases should not be interfered with unless they are blatantly wrong or perverse. It was, therefore, prayed that the Commissioner's orders appointing the respondent as Lambardar should be set aside and the original orders of the Collector, Bhiwani should be allowed to stand.

(2.) THE counsel for the respondent argued that the Commissioner was within his powers to weigh the relative merits of both the candidates as an Appellate Authority and decide the matter afresh. He also argued that the petitioner was occupying the Panchayat land illegally and therefore was not eligible to be appointed as Lambardar.