JOG DHIAN Vs. BALJIT SINGH

JUDGEMENT

(1.) THIS Revision Petition has been filed under Section 16 of the Punjab Land Revenue Act against the Order, dated 7.8.2002 and 20.2.2002, passed by the Ld. Commissioner, Ambala Division, Ambala and Ld. Collector, Kurukshetra, respectively.

(2.) THE brief facts of this case are that que to the death of Baru Ram, Lambardar, resident of village Samaspur, Tehsil Thanessar, District Kurukshetra on 14.5.2001, his son Baljit Singh applied the Tehsildar, Thanesar, that he may be appointed Lambardar against the vacant post. Proclamation was made in the village to fill up vacant post of Lambardar against which only two candidates applied, namely; Jogdhian and Baljit Singh. After completing all the formalities and hearing both the candidates, Tehsildar, Thanesar, recommended the name of Baljit Singh for the Post of Lambardar to SDO(C) Thanesar, who after hearing the parties, found that Baljit Singh was 5th class pass and Jogdhian was illiterate, Baljit Singh had better behaviour in the village and in this connection, the Members Panchayat and 41 villagers had supported him. On the other side, only one Member Panchayat had supported Jog Dhian and he had deposited nothing in the Small Saving at the time of Proclamation. Baljit Singh had deposited Rs. 10,000/- in Small Saving and his name was recommended by all the Lower Courts. On these facts, Ld. Collector, Kurukshetra, vide his order, dated 20.2.2002, appointed Baljit Singh as Lambardar of village Samaspur against the vacant post against which an Appeal was filed before the Ld. Commissioner, Ambala Division, Ambala, who vide his order, dated 7.8.2002, found no illegality in the Order, passed by the Lower Court and Rejected the Appeal, being baseless. Hence this Revision Petition.

(3.) THE Ld. Counsel for the Respondent, Baljit Singh, referred the attention of this Court to Exhibit R-I, copy of Khasra Girdawari according to which the land under alleged encroachment has been entered as "Mackbooja Panchayat Deh" and he no more remains an Encroacher after the death of the Respondent's father. The Respondent and his brother gave an Application to the Gram Panchayat and to the Tehsildar, Thanesar, for correction of Khasra Girdawari thereby, actively disassociating themselves from the entry of Encroachment in favour of their deceased father, Baru Ram. He has referred the attention of this Court to Certificate of Gram Panchayat, dated 1.10.2001 which states that Respondent is not an Encroacher on the Disputed Land in Revenue Record and nor he is in actual Possession of the same. As regards the qualifications of petitioner, Jog Dhian, are concerned, he is illiterate person as proved by the Application for Lambardari dated 26.7.2001, which is only Thumb-Marked. As regards the Education Certificates of the Respondent, it is placed at page 31 of the Collector's File. Therefore, he has prayed that Petitioner, Jog Dhian, being prima-facie a person of Criminal Character on the basis of a Challan, dated 3.10.1986 FIR No. 176 under Excise Act, which was registered in the Police Station, Sadar, Thanesar, and has lesser qualifications, is not fit to hold the office of Lambardari as compared to the Respondent.