CHAUDHARY RAM Vs. GURPAL SINGH

JUDGEMENT

(1.) This is a revision petition under Section 17 of H.P. Land Revenue Act filed by Sh. Chaudhary Ram, the present petitioner against an order dated 17.7.2000 passed by the Ld. Deputy Commissioner Cum -Collector Distt. Una and another order dated 17.11.2000 passed by the learned Commissioner (Revenue) Himachal Pradesh upholding the order of the Collector dated 17.7.2002.

(2.) Brief facts leading to the dispute are that one Shri Parma Nand, father of the present petitioner was the Lambardar of Village Mandholi, Tehsil Amb, Distt. Una. After his death, the Tehsildar Amb, on directions of the /Sub -Divisional Collector Amb initiated proceedings for appointment of a Lambardar in place of the deceased. Accordingly, the Tehsildar Amb, on 30.1.1997 ordered that a proclamation be made to this effect in the concerned Village. In pursuance of the proclamation, the present petitioner as well as the present respondent applied for the post of Lambardar. The Tehsildar Amb, submitted a detailed report to the Collector Sub -Division Amb on 24.11.1997 whereby he recommended the appointment of the present petitioner. The Collector Sub -Division Amb vide his report submitted to the Deputy Commissioner on 2.12.1997, however, recommended the appointment of the respondent on the grounds that the petitioner is illiterate and of a weak financial status whereas the present respondent is an ex -service man, of a good financial status and also literate. The Deputy Commissioner afforded an opportunity of being heard to both the parties and vide his order dated 17.7.1999 held that the present respondent is an appropriate person to hold the post of Lambardar.

(3.) Aggrieved by the order of the Deputy Commissioner Cum -Collector Distt. Una, the present petitioner filed an appeal under Section 14 of H.P. Land Revenue Act before the Commissioner (Revenue) Himachal Pradesh which was dismissed on 17.11.2000 and hence the present revision petition has been preferred.