JUDGEMENT
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(1.) On 20.12.2005, applications were invited to fill up the post
of B.C. Lambardar in Village Badanpur, Tehsil Narwana, District Jind.
Respondent No.4 was the only applicant, who submitted his
application. Assistant Collector Ist Grade in his order dated
16.1.2006, viewed that the proclamation was not done properly in the
village and issued direction for inviting fresh applications from the
villagers. This was on the basis of a complaint made by the villagers,
which included the petitioner as well. Thereafter, the petitioner also
applied for the post alongwith respondent No.4 and one Shiv Kumar.
Shiv Kumar did not come present and was proceeded ex-parte. The
petitioner and respondent No.4 alone remained in the field. The
petitioner is a matriculate and was owning 28 kanals of land.
Respondent No.4, on the other hand, was not owning any land.
(2.) On 4.9.2007, the Collector appointed the petitioner as
Lambardar. Respondent No.4 filed an appeal against this order. He
pleaded that his Aunt Ram Bai had made a will of 2 acres of land in
his favour. Respondent No.4 further stated that after death of Bhana
Ram, Lambardar, he has been collecting land tax and water tax and
depositing the same in the treasury. Appeal filed by respondent No.4,
however, was dismissed on 16.7.2009. The Commissioner found that
the integrity of respondent No.4 was doubtful. The academic
qualification of the petitioner was also considered better. It is pointed
out that work of B.C. Lambardar is not to collect the land revenue but
main work is to verify the documents or to identify the parties.
(3.) Respondent No.4 accordingly filed a revision against this
order before the Financial Commissioner, who allowed the revision
on 8.7.2010 and has set-aside the well-reasoned orders passed by
the Collector and the Commissioner. Terming this order to be
arbitrary, discriminatory and illegal, the petitioner has filed the
present petition before this Court.;
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