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2008 Supreme(SC) 1833

S.B.SINHA, CYRIAC JOSEPH
Mahavir Singh – Appellant
Versus
Khiali Ram – Respondent


Advocates appeared:
For the Appellant :S.B.Sanyal, Sr. Advocate, R.K. Gupta, SK. Gupta, Arun
Yadav, Shekar Kumar, Advocates. For the Respondents:V.C. Mahajan, Sr. Advocate, R.K. Rathore, Kuldip Singh, Advocates

Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Appointment of a Lambardar, who is a Village Headman and is inter alia engaged in the job of collection of revenue on commission basis, is governed by the provisions of the Punjab Land Revenue Act, 1887; Section 28 whereof reads as under:

"28. Rules respecting Kanungos and village officers -(1) The State Government may make rules to regulate the appointments, duties, emoluments, punishment, suspension and removal of kanungos and village officers."

3. Pursuant to or in furtherance of the said rule making power, the State of Punjab framed the Punjab Land Revenue Rules (for short "the Rules"). Criterion for appointment in the post of Lambardar is laid down in Rule 15 and that of his discharge is laid down in Rule 16 thereof. Rule 15 enumerates the factors which are required to be taken into consideration for the purpose of appointment in the said post being:

"(a) his hereditary claims;

.(b) the property in the estate possessed by the candidate to secure the recovery of land-revenue;

.(c) services rendered to the State by himself or by his family;

.(d) his personal influence, character, ability and freedom from indebtedness;"

4. The Distri













































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