K.S.JANJUA, J. - (1.) THIS revision petition under section 16 of the Punjab Land Revenue Act, 1887 has been preferred against order of Commissioner (25.7.2000) in a Lambardari case.
(2.) A post of Scheduled Caste lambardar was created in village Kang Sabhu, Tehsil Nakodar by Commissioner, Jalandhar Division vide letter No. G-2-98/B- 28/8294, dated 29.12.1998. With a view to fill up this vacancy, proclamation was got done in the village inviting applications from desirous persons. In response to this, two persons namely Diwan Chand and Sohan Lal applied. After completing all the required formalities, Naib Tehsildar recommended the name of Diwan Chand but Tehsildar and SDM Nakodar recommended that of Sohan Lal. District Collector appointed Sohan Lal to this post. Commissioner dismissed the petitioner's appeal in limine. Sh. G.S. Nagra, Advocate, appeared for the petitioner and argued that order of Commissioner dismissing appeal of the petitioner in limine was contrary to law as it is legal right of the petitioner that his appeal should have been decided only after hearing the parties. The Commissioner has omitted to do so, therefore, the impugned order is liable to be set aside on this sole ground. Shri S.P. Soi, Advocate represented the respondent and refuted the above arguments of petitioner's counsel. He argued that the Collector as well as Commissioner have rightly adjudicated in favour of respondent after comparing merits of both the candidates. He urged for dismissal of revision petition.
(3.) AFTER considering the arguments of counsel for both the parties, I am of the view that the petitioner has been deprived of his right by dismissing the appeal in limine by Commissioner. This is quite irregular as in appeal cases record has to be seen generally unless an exception is made. The parties have to be heard. It is not a case of revision where the petition can be dismissed in limine. The Commissioner is directed to hear the case again and decide the appeal afresh. The parties are directed to appear before Commissioner Jalandhar Division, Jalandhar on 9.7.2001. Order accordingly.;