R.N.GUPTA,J - (1.) THIS is a revision petition under Section 16 of the Punjab Land Revenue Act against the order dated 3.3.2005 passed by the Commissioner, Jalandhar Division, Jalandhar whereby he upheld the order dated 27.7.2004 passed by the District Collector, Hoshiarpur.
(2.) THIS petition pertains to Lambardari of village Batala, Tehsil Mukerian District Hoshiarpur. After the death of previous Lambardar necessary steps were taken to fill up the vacancy so caused and after completing necessary formalities, the Collector (DC) Hoshiarpur vide his order dated 27.7.2004 appointed Jaswant Singh son of Ujjagar Singh as Lambardar of the village. The appeal of the present petitioner before the Commissioner, Jalandhar Division, Jalandhar was dismissed vide his order dated 3.3.2005. Hence the present revision. Shri Anupam Bhardwaj, learned counsel for the petitioner argued that the father of Jagtar Singh, petitioner was appointed as lambardar of village Batala in the year 1974. The father of the petitioner, Jagtar Singh, was not keeping good health as a result of which during his life time, the petitioner was appointed as Sarbrah Lambardar of village Batala by the District Collector Hoshiarpur vide his order dated 1.9.1988. After the death of his father, the Naib Tehsildar initiated proceedings for the appointment of new Lambardar. It was further contended that the petitioner performed the duties of lambardar for a period of 15 years to the utmost satisfaction of villagers of village Batala. The petitioner could not be ignored as he has an experience of 15 years as lambardar of the same village. The petitioner has also a hereditary claim to the post of lambardar. The courts below have ignored the vast experience of the petitioner as Lambardar and appointed an inexperienced person as lambardar of village Batala. The petitioner has land measuring 65 kanals 8 marlas in village Batala and he is always available in the village. The petitioner can read and write Punjabi. He has studied upto 8th class. It was also submitted that the respondent, Jaswant Singh, is working as Sarpanch of the village and therefore it is not possible for him to devote enough time to the duties as lambardar. In the end, it was prayed that the revision petition may be accepted and the petitioner may be appointed as lambardar of village Batala Tehsil Mukarian District Hoshiarpur.
(3.) SHRI G.S. Nagra, learned counsel for the respondent Jaswant Singh, urged that all the Revenue Officers below have recommended the name of Jaswant Singh for the post of Lambardar. It was also contended that Jaswant Singh is a mature person of 51 years old who has studied upto 8th class whereas the petitioner has studied upto 5th class only. The respondent owns 39 K-2 M of land in village Batala whereas the whole land of petitioner is under mortgage. The respondent is a permanent resident of village Batala whereas the petitioner is a resident village Mahmoodpur. The petitioner is a defaulter of Society to the tune of Rs. 68,628/-. The District Collector has rightly selected Jaswant Singh son of Ujjagar as Lambardar of village Batala Tehsil Mukerian after considering all merits and demerits of the contesting candidates. The learned counsel for the respondent has also drawn my attention to the citation Karnail Singh v. State of Haryana, 1973 PLJ 676 and Sardool Singh v. Financial Commissioner, Punjab, 2000(4) RCR(Civil) 37 (P&H) : 2001 RCR(Civil) 448 : 2000(2) PLJ 469 (P&H) in which it has been held that "the choice of Collector should not be interfered in the matter of Lambardar.";