- (1.) This petition has been filed by Prithvi Singh, one of the candidates for the post of Lambardar of Shobhapur, Tehsil Narnaul, District Mohindergarh. When the office fell vacant on account of Yashwant Singh's death, Prithvi Singh and some others applied for being appointed as Lambardar. The Collector found in favour of Prithvi Singh and appointed him as Lambardar but Ami Lal-respondent 4 filed an appeal which was accepted by the Commissioner on November 18, 2003 (Annexure P/2). While deciding in favour of Ami Lal, the Commissioner came to the following conclusion:- "...the perusal of evidence come on record of lower court that the family members of the respondent have been involved in the criminal cases and even three cases have been registered against the respondent himself in which he though was not sentenced but his character is found doubtful. It has been found from the facts available on lower court record that the respondent had been defaulter of many banks and to prove it wrong he has not produced any evidence. A certificate of gram panchayat is available on lower court file that the appellant has not made any encroachment on the land of gram panchayat..."
(2.) The above finding was upheld by the Financial Commissioner on March 28, 2005.
(3.) The learned counsel for the petitioner submits that the petitioner has been unfairly treated as no conviction has been recorded against the petitioner and though the petitioner had taken a loan from the bank but he had not defaulted in re-payment.;