MEWA SINGH Vs. THE DIVISIONAL COMMISSIONER, PATIALA DIVISION, PATIALA & ORS.
LAWS(P&H)-2011-10-110
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 31,2011

MEWA SINGH Appellant
VERSUS
The Divisional Commissioner, Patiala Division, Patiala And Ors. Respondents

JUDGEMENT

Mehinder Singh Sullar, J. - (1.) THE compendium of the facts, which requires to be noticed for the limited purpose of deciding the sole controversy, involved in the instant writ petition and emanating from the record, is that in the wake of death of Mastan Singh, the post of Lambardar of village Devi Nagar alias Malkpur, Tehsil Payal, Distt.Ludhiana, had fallen vacant. To begin with, 12 persons applied for the indicated post. Subsequently, since all other persons withdrew their candidatures, so only, Mewa Singh son of Mastan Singh (petitioner) & Rajinder Singh son of Jarnail Singh (respondent No.3) contested and lodged their respective claims for the post of Lambardar.
(2.) HAVING considered the respective merits and de -merits of the candidates and after following the due procedure, as contemplated under the provisions of The Punjab Land Revenue Act, 1887 and the Rules framed thereunder (hereinafter to be referred as "the Act and the relevant Rules"), the District Collector (respondent No.2) ignored the candidature of the petitioner and appointed Rajinder Singh (respondent No.3) as Lambardar of the village, by virtue of order dated 10.9.2010 (Annexure P7). Aggrieved by the order (Annexure P7), the petitioner filed the appeal, which was dismissed as well, by the Divisional Commissioner, Patiala Division (respondent No.1), by way of impugned order dated 13.7.2011 (Annexure P8).
(3.) THE petitioner still did not feel satisfied with the impugned orders (Annexures P7 & P8) and preferred the instant writ petition, invoking the provisions of Articles 226/227 of the Constitution of India.;


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