DHARAM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The bone of contention between the Petitioner Dharam Chand and Respondent No. 3, Nokhu Ram, is the office of Village Headman (Lambardar) of Phati Gojra, Kothi Jagatsukh, in Tehsil and District Kullu.

(2.) One Chene Ram was the Lambardar of Phati Gojra, he died in the year 1978 leaving behind no legal heir. Consequent upon his death, proceedings were initiated by the Collector, Kullu, under Rule 15 of the Punjab Land Revenue Rules, as applicable to the State of Himachal Pradesh, (hereinafter referred to as the Rules) for appointment of Lambardar by inviting applications therefor. The Petitioner along with Respondent No. 3 and four other persons were contenders for such office. All such contenders were summoned so that their respective claims and credentials for the office may be ascertained. One of the contenders, namely, Jindu Ram withdrew his candidature in favour of Respondent No. 3. The Collector, Kullu, on the basis of the relative merits of the candidates vide his order dated 26.11.1980 appointed Respondent No. 3. Nokhu Ram, as the Lambardar.

(3.) It appears that subsequently the Petitioner approached the Collector seeking review of the order dated 26.11.1980 appointing Respondent No. 3 as the Lambardar. In such review application, it was pleaded by the Petitioner that Respondent No. 3 had misrepresented that he was free from indebtedness. In fact, Respondent No. 3 had taken a loan from Gojra Sehkari Samiti and had not repaid the loan. He was thus under a debt as on the relevant date and as such not eligible for appointment to the office of Lambardar. The Collector, after holding an enquiry, found that Respondent No. 3 was actually under debt and, therefore, was not eligible for being appointed to the office of Lambardar. He accordingly, on 23.4.1981 recalled his order dated 26.11.1980 and after setting aside the appointment of Respondent No. 3, appointed the Petitioner as Lambardar.