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IN THE HIGH COURT OF PUNJAB AND HARYANA
PARAMJEET SINGH DHALIWAL, J.
SUKHJINDER PAL SINGH – Appellant
Vs.
STATE OF PUNJAB AND OTHERS – Respondent
CWP No. 7234 of 2004
Decided on : 27-04-2016
Lambardar - Appointment Dispute - Punjab Land Revenue Act, Rule 14 and 15 - The court discussed the provisions of Rule 14 and 15 of the Punjab Land Revenue Act, emphasizing the criteria for the appointment of a Lambardar, including hereditary claims, property possession, services to the state, personal influence, character, and national movement services. The court highlighted the importance of age, land holding, and character in the appointment decision. The judgment emphasized that the District Collector's choice should be respected unless there is gross irregularity or perversity in the appointment process.
Fact of the Case:
The writ petition was filed to challenge the appointment of Lambardar, which was set aside and respondent No.3 was appointed instead. The dispute arose from the creation of an additional post of Lambardar for village Daudpur, leading to a selection process and subsequent appointment of the petitioner as Lambardar, which was later overturned in favor of respondent No.3.
Finding of the Court:
The court found that the appointment of the petitioner as Lambardar was based on a thorough consideration of the comparative merits of the candidates, including age, land holding, character, and reputation. The court emphasized the importance of the District Collector's decision and the need for a young and energetic person for the post of Lambardar.
Issues: The key issues revolved around the eligibility and comparative merits of the candidates for the appointment of Lambardar, the interpretation of Rule 14 and 15 of the Punjab Land Revenue Act, and the relevance of age and character in the appointment decision.
Ratio Decidendi: The court's decision was based on the interpretation of Rule 14 and 15 of the Punjab Land Revenue Act, emphasizing the significance of age, land holding, character, and reputation in the appointment of a Lambardar. The court upheld the District Collector's choice and highlighted the need for a young and energetic candidate for the post.
Final Decision: The petition was allowed, and the impugned order appointing respondent No.3 as Lambardar was set aside. The orders appointing the petitioner as Lambardar were restored, and the petitioner was appointed as Lambardar of the village. The court emphasized the importance of the District Collector's decision and the need for a young and energetic person for the post of Lambardar.
Paramjeet Singh Dhaliwal, J.
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 Section 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 Sections 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 Sections 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 Lam
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