Ruldu Singh @ Rolu Singh v. State Of Punjab And ORS

CWP No.11884 of 2017 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11884 of 2017 Date of Decision.26.05.2017 Ruldu Singh alias Rolu Singh ........Petitioner Vs State of Punjab and others ........Respondents

Present:

Mr. Gaurav Sharma, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J.(ORAL) The petitioner has been dismissed from the post of Lambardar on the ground that he had been in illegal and unauthorized occupation of the land belonging to the Gram Panchayat vide order dated 20.05.2016 (Annexure P-1).

Learned counsel for the petitioner submits that in pursuance of the show cause notice, the petitioner has handed over the possession, therefore, the authorities could not have dismissed the petitioner from such post. The appeal and the revision petition filed against the order of the District Collector also met with the same fate. I have heard learned counsel for the petitioner and appraised the paper book. Annexure P-4 is the reply to the show cause notice where the reply given is that he has purchased the land but the fact remains that the vendees were not having the title and had given undertaking to vacate the land. This itself is a clincher that the petitioner had been found to be in illegal possession, entailing him to disqualification as enshrined in the Punjab Land Revenue Act i.e. Rule 16 as applicable to Punjab. In my view, the orders under challenge do not call for any PANKAJ KUMAR 2017.05.30 17:20 I attest to the accuracy and integrity of this document

CWP No.11884 of 2017 -2interference, much less, fall within the realm of judicial review. Since the authorities did not bar the petitioner from contesting election in future, therefore, he may contest for the post. The writ petition is dismissed.

(AMIT RAWAL) JUDGE May 26, 2017 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2017.05.30 17:20 I attest to the accuracy and integrity of this document