Hanuman vs Vijay Singh

R.R. Bhardwaj, FC.

This is an appeal under section 13 of the Punjab Land Revenue Act against the order dated 19.12.1995 passed by the Commissioner, Ferozepur Division, Ferozepur, whereby he accepted the appeal filed by respondent against the order of the Collector dated 12.1.1995.

The brief facts of the case are that due to the death of the father of the appellant, Sh. Ram Gopal, who was Lambardar of village Sardarpura, the post of Lambardar fell vacant and the authorities called the applications from the residents of village to fill up the post. In response to the proclamation, both applicants and the respondent submitted their applications. The Naib Tehsildar recommended the name of the respondent whereas the Tehsildar as well as the SubDivisional Officer (C), recommended the name of the appellant for the post of Lambardar. Both the candidates appeared before the District Collector, Ferozepur who, after considering the merits in and demerits of both the appellant and the respondents came to the conclusion that the appellant is fit person to be appointed as Lambardar of village Sardarpura and he appointed him as a Lambardar of the village. Aggrieved by this order, the respondent filed an appeal before the Commissioner, Ferozepur Division, Ferozepur, who, vide his order dated 19.12.1995, accepted the appeal and set aside the order of the District Collector, Ferozepur. Hence, this appeal is filed by Sh. Hanuman against the order of the Commissioner, Ferozepur Division, Ferozepur, dated 19.12.1995.

I have heard both the learned counsel for the parties, considered the written arguments filed by both the parties and perused the record very minutely. During the course of hearing before the District Collector, both the candidates were called personally and after considering their merits and demerits, the Collector came to the conclusion that the appellant Hanuman is a fit person to be appointed as Lambardar of village Sardarpura. Before the Collector, respondent made allegation against the appellant that he is an old man and cannot walk properly and therefore to verify the said fact the Collector directed the appellant to walk in the court premises and found that the appellant can perfectly walk and physically fit. In an appeal before the Commissioner, Ferozepur Division, the respondent, Vijay Singh also took the plea that the appellant is an old man and physically unfit and cannot walk properly. The Commissioner Ferozepur Division, Ferozepur, accepted the appeal of the respondent only on the ground the old age coupled with bad health has to be considered as a disqualification for the appointment as Lambardar. The appellant Hanuman personally appeared before me on the last date of hearing and I found him perfectly physically fit and he was walking properly. The learned Commissioner in his impugned order himself admits that the appellant Hanuman is having edge over the candidature of respondent Vijay Singh. Further, the age of 50 years is no bar for appointment as Lambardar. Therefore, I do not agree with the arguments advanced by the learned counsel for the respondent that the appellant is not physically fit and he cannot walk properly. In these circumstances, I accept this appeal, and set aside the order passed by learned Commissioner, Ferozepur Division, Ferozepur and restore the order passed by the District Collector, Ferozepur, whereby he appointed Hanuman as Lambardar of village Sardarpura.