- (1.) Vide order dated 1.4.2013, the learned Single Judge of this Court allowed Civil Writ Petition No. 22528 of 2011 filed by the respondent No.5, namely Satpal. Hence, this appeal.
(2.) Dispute in this case is regarding post of Lambardar in village Allowal, Tehsil and District Hoshiarpur. On accrual of post, applications were invited by the District Collector, Hoshiarpur. After receipt of reports made by the Field Revenue Staff, before the Collector, the appellant and respondent No.5 emerged as the contesting candidates besides Malkiat Singh and Amarjit Singh. Before the Collector, it was an allegation against the appellant that he, at one point of time, had encroached upon a part of circular road (phirni) of village for tethering cattle. That fact was ignored by the District Collector by simply believing statement of the appellant that he has removed the said unauthorized occupation. No efforts were made to verify the above said fact. The District Collector appointed the appellant as Lambardar by observing as under vide order dated 27.7.2006: "I have gone through the file and have also considered the comparative merit of the candidates. Candidate Sh. Amarjit Singh is 30 years of age and is 7 th class pass. He is painter and works at Hoshiarpur. Candidate Sh.Malkit Lal is 37 years of age and he works as contractor in Sawan Cold Store at Bulhowal. Both these candidates are less educated than other candidates and their availability is less in the village. Candidate Sh. Satpal is 52 years of age. His education qualification is B.A. He is agriculturist and keeps buffalos. He is engaged in his own profession. Candidate Sh. Banarsi Dass is 61 years of age. He is 10 th class pass and retired as Asstt. Lineman from Punjab State Electricity Board. He is member Panchayat and the member of Co-operative Agriculture Society Allowal/Bulhowal. He is most popular in the village and can easily available to the villagers. When compared with Sh. Sat Pal, although less educated, but Sh. Banarsi Dass has more popularity, is serving the society and is well known person of more reputation than other candidate. Therefore, I find him suitable candidate for the post of Lambardar of village Allowal. So, Sh.Banarsi Dass son of Fauja Ram is appointed as S.C. Lambardar of village Allowal, Tehsil & District Hoshiarpur. Sanad Lambardari be prepared accordingly. File be consigned in the record room."
(3.) Respondent No.5 remained unsuccessful in appeal and revision. He came to this Court by filing the above said writ petition which was allowed by the learned Single Judge on 1.4.2013.;