V.N.OJHA, J. - (1.) THIS is Revision Petition u/s 16 of the Punjab Land Revenue Act, against the order date 11.9.2001 of Divisional Commissioner, Patiala setting aside the order dated 7.12.1999 of Collector, Patiala vide which he had appointed the petitioner Harnek Singh Lambardar of village Sanjarpur, Tehsil Rajpura, Distt. Patiala.
(2.) BRIEFLY , facts of the case are that after the death of Smt. Akki, Lambardar of village Sanjarpur, her two sons, namely, Harnek Singh and Gurdeep Singh put forward their candidature for appointment as Lambardar in the vacancy caused by the death of Smt. Akki, along with another person, Dharam Singh, who subsequently withdrew his name. A.C. Grade-II, Rajpura recommended the name of the petitioner for appointment as lambardar, but A.C. Gr.-I, Rajpura ignoring the recommendation of A.C. Grade-II, Rajpura recommended the name of the respondent to Collector, Patiala. After hearing both the parties at length and considering the relative merits of both the candidates, Collector Patiala appointed Harnek Singh, Lambardar of the village vide his order dated 7.12.1999. This order was appealed against by the respondent before Divnl. Commissioner, Patiala who vide his order dated 11.9.2001 set aside the order of Collector, Patiala dated 7.12.1999 and appointed Gurdeep Singh Lambardar of the village. Hence this Revision Petition. I have heard learned counsel for both the parties. Learned Counsel for the respondent has stressed that the petitioner is involved not only in one criminal case but in three cases and in one such case his conviction has been upheld right up to the Hon'ble High Court, and that the respondent enjoys good reputation in the area. Counsel for the petitioner has stated that the petitioner had been forced into disputes over partition of land by the respondent himself and the criminal cases were not as a result of serious offences like moral turpitude etc., that the petitioner owned more land than the respondent; that the petitioner was more literate and enjoys equally good reputation in the area. The counsel for the petitioner has prayed that the order of the Divisional Commissioner, Patiala dated 7.12.99 interfering with the lawfully passed order of Collector, Patiala be set aside.
(3.) I have considered the arguments advanced by both the parties and have also carefully gone through the relevant record available on the file. I find that at the present juncture the criminal cases against either one of the two candidates having been filed earlier, have no significance since they stand acquitted. A sufficient time has also elapsed after their acquittal and nothing adverse has been brought on record relating to their respective characters. I find the logic given by the Collector in his order dated 7.12.1999 is quite valid whereby he has come to the conclusion that Harnek Singh has got more land than Gurdeep Singh, is educated upto Middle Standard whereas Gurdeep Singh is illiterate. Going by the respective personal merits of the two candidates, I feel Harnek Singh is a better candidate to be appointed Lambardar of village Sanjarpur, Tehsil Rajpura, District Patiala in this case. Accordingly, the present Revision Petition against the order of Commissioner, Patiala Division dated 11.9.2001 is accepted and the order of the Commissioner is set aside. Revision allowed.;