Balwinder Singh v. State Of Punjab And ORS

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dated 23.04.2018 (Annexure P-4) (Annexure P-6) and respondent No.4 was appointed as Lambardar of Village Badapind.

2.6 05.02.2019 (Annexure P-6) .

Here, it would be apposite to refer to the relative merits of petitioner (Balwinder Singh) and respondent No.4 (Tanvir Singh), as noticed by the learned Divisional Commissioner, Rupnagar, vide its order dated 05.02.2019 (Annexure P-6):- 4 Acres 41⁄2 Acres Recommended by learned Naib Tehsildar, Rupnagar as well as learned Sub Divisional Magistrate, Rupnagar

which is a relevant consideration, as such recommendations have a persuasive value.

7.

Further, a perusal of order dated 23.04.2018 (Annexure P-4) passed by the learned Collector, Rupnagar would show that while appointing the petitioner as Lambardar, the only thing that weighed with the Collector was that initially the name of petitioner was recommended by the revenue officers below, however, after the matter was referred back by the Collector, the lower revenue officers recommended the candidature of respondent No.4 (Tanvir Singh). Accordingly, the Collector chose to rely on the earlier report/recommendations by the lower revenue officers made in favour of the petitioner and appointed him as the Lambardar; despite the fact that on an appeal being filed by another candidate, namely Bhajan Singh, the learned Collector had sent the matter to the revenue officers below for hearing the candidates afresh.

8.

The factors to be considered for appointment to the post of Lambardar are enumerated under Rule 15 of the Punjab Land Revenue Rules, which reads as under:

"15. Matters to be considered in first appointments.-- In all first appointments of headman, regard shall be had among other matters to - (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;

(e)the strength and importance of the community from which selection of a headman is to be made;

(f)services rendered by himself or by his family in the national movements to secure freedom of India."

28.11.2024 (Annexure P-7).

23.04.2018 (Annexure P-4)

order dated 05.02.2019 (Annexure P-6) passed by the learned Divisional Commissioner, Rupnagar and order dated 28.11.2024 (Annexure P-7) passed by the learned Financial Commissioner, Punjab. Resultantly, the instant writ petition fails and the same is accordingly dismissed.

13.

All pending application(s), if any, shall also stand closed.