P.K.GUPTA,J - (1.) THE instant revision petition has been filed under section 16 of the Punjab Land Revenue Act to set aside orders of Ld. Collector Ambala dated 5.12.2003 and that of Ld. Commissioner Ambala Division, Ambala dated 1.8.2006 whereby he sustained order of Collector for appointment of Sh. Dharamvir Singh as Lambardar of village Landha, Tehsil and District Ambala.
(2.) THE brief facts of this case are that to fill up vacant post of Lambardar of village Landha, Tehsil and District Ambala caused due to death of former Lambardar Sh. Balwant Singh, Naib-Tehsildar made proclamation to invite applications of eligible persons. In the stipulated period, two applicants namely Sh. Kulwant Singh and Sh. Dharamvir Singh applied for this post. During the process, Kulwant Singh expired and consequently sole name of Sh. Dharamvir Singh was forwarded by Naib-Tehsildar, Saha to Tehsildar, Ambala. Tehsildar, Ambala acceded to the recommendation of Naib Tehsildar and forwarded the case to SDO(C) Ambala. Sh. Mohar Singh (herein petitioner) objected before SDO(C), Ambala that in this case proclamation again as per order of Collector has not been conducted. Accordingly, this case was returned to Naib-Tehsildar, Saha to conduct the Munadi. Against this proclamation six applicants applied. After completing all formalities regarding Naksha Lambardari and character antecedents of candidates from police, Naib-Tehsildar and Tehsildar recommended name of Sh. Balwinder Singh to SDO(C) Ambala. Kulwant Singh Jarnail Singh and Hakam Singh withdrew their candidatures and out of three left in fray, the name of Sh. Dharamvir Singh was forwarded by Sh. SDO(C), Ambala on the basis of his relative merit to District Collector, Ambala. Collector, Ambala considered Sh. Dharamvir Singh meritorious in all aspects of this case and acceding to the recommendation of SDO(C), Ambala, appointed him Lambardar of village Landha, Tehsil and District Ambala vide his order dated 5.12.2003. Shri Balwinder Singh did not appear before the Collector. Sh. Mohar Singh (herein petitioner) aggrieved with the order of Ld. Collector, Ambala appealed to the Commissioner Ambala Division, Ambala. Commissioner, Ambala heard both parties and after careful perusal of records in his own finding concluded that respondent as compared to appellant is more educated have, more land, taken keen interest in social and Govt. policies, given 17 cases of eyes donations for which Govt. Medical College Chandigarh issued him appreciation letter. In addition to this, he donated 70 plants from his own nursery under the Ecological Environment Programmes to Gurudwara and 150 plants to Govt. Middle School Dinarpur. Respondent deposited Rs. 2000/- for draught hit areas of Morni. With these views, Commissioner dismissed the appeal and sustained the orders of Ld. Collector Ambala dated 5.12.2003.
(3.) SH . Mohar Singh, son of deceased Lambardar Sh. Balwant Singh filed revision against the orders of Commissioner, Ambala before my predecessor Ld. Financial Commissioner, Haryana from whom by transfer this case after due process come before the for argument hearing on 22.9.2008 and orders were retained.;