Paramjeet Singh, J. - (1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari quashing the order dated 21.04.2004 (Annexure P -5) passed by respondent No. 2 -Financial Commissioner, Cooperation Punjab whereby the orders dated 11.12.2002 (Annexure P -2) and 27.01.2004 (Annexure P -4) passed by the District Collector, Kapurthala and the Commissioner, Jalandhar Division, respectively, appointing the petitioner as Lambardar, have been set aside and respondent No. 3 has been appointed as Lambardar.
(2.) Brief facts of the case are that on demand of residents of village Daudpur, additional post of Lambardar of village Daudpur was created by the Commissioner, vide letter No. 6506 dated 26.11.2001, under Sec. 28 of the Punjab Land Revenue Act read with Rule 14 of the Punjab Land Revenue Rules (as applicable to Punjab). In pursuance of the same, Naib Tehsildar, Dhilwan was asked to invite applications for appointment of new Lambardar in village Daudpur. The concerned Patwari got effected the proclamation by beat of drum in the village to invite applications for the newly created post of Lambardar. In response to the proclamation, petitioner -Sukhjinder Pal Singh, Jarnail Singh, respondent No. 3 -Sarmail Singh, Jaswant Singh and Sucha Singh, submitted their applications to the Assistant Collector -IInd Grade, Dhilwan. The matter was referred to the local police for character verification of all the candidates. As per the police report, a criminal case bearing FIR No. 15 dated 01.06.1993, under Ss. 323/324/34 IPC, P.S. Dhilwan was found to be registered against respondent No. 3 -Surmail Singh whereas a case bearing FIR No. 13 dated 28.03.1998, under Ss. 447/427/148/149 IPC, P.S. Dhilwan was found to be registered against Jaswant Singh, however, they were acquitted in the aforesaid cases. Two cases bearing FIR No. 13 dated 28.03.1998 and FIR No. 111 dated 12.10.1979, P.S. Dhilwan, were found to be registered against Sucha Singh, however, he was also acquitted in both the cases. There was nothing found to be incriminating against petitioner -Sukhjinderpal Singh and Jarnail Singh. Naksha Lambardari was got prepared from the village Patwari in respect of all the candidates. Naib Tehsildar and S.D.M. Kapurthala recommended the name of petitioner -Sukhjinderpal Singh. The District Collector after considering the comparative merits of all the candidates found the petitioner to be fit and suitable candidate and ultimately appointed him as such vide order dated 11.12.2002 (Annexure P -2). Feeling aggrieved, respondent No. 3 preferred an appeal before the Commissioner, Jalandhar Division, Jalandhar which has been dismissed vide order dated 27.01.2004 (Annexure P -4). Being dissatisfied, respondent No. 3 preferred revision before respondent No. 2 -Financial Commissioner, Cooperation, Punjab who allowed the same and set aside the orders dated 11.12.2002 (Annexure P -2) and 27.01.2004 (Annexure P -4) passed by the District Collector, Kapurthala and the Commissioner, Jalandhar Division, respectively, appointing the petitioner as Lambardar and further appointed respondent No. 3 as Lambardar, vide impugned order dated 21.04.2004 (Annexure P -5). Hence, this writ petition.
(3.) Upon notice, respondent No. 3 put in appearance through her counsel and filed written statement with the averments that village Daudpur consists of two patties known as Dakhli Chak and Kharji Chak. It is alleged that chak patti Kharji and chak patti Dakhli are separated by a distance of 1 -1/2 kms. In between two chaks/pattis, there is village Mirzapur. The abadi of both the chaks is also separate. Santokh Singh, Lambardar of village Chak Dakhli, was not attending the grievances of the inhabitants/right holders of Chak Kharji. Due to this reason, the inhabitants of Chak Kharji made a representation dated 27.07.2001 to the Deputy Commissioner, Kapurthala for creation of additional post. In fact, the post of Lambardar was advertised for Chak Kharji, as such a person from Chak Kharji can be appointed. It is further averred that the petitioner does not own any property in Chak Kharji. The petitioner and his real uncle, Santokh Singh, Lambardar are having houses/land in Chak Dakhli. The answering respondent served the Army for more than 25 years, fought 1962, 1965 and 1971 wars and retired on 30.04.1987. He was awarded Raksha Medal, 1965 and Sainya Seva Service Medal with Clasp (J & K). His father was a freedom fighter and had been arrested three times alongwith late Giani Kartar Singh during the freedom struggle. Respondent No. 3 earlier served in the Army Service Core and thereafter in M.E.S. Other averments in the writ petition have been denied and prayer is made for dismissal of the writ petition.;