High Court Punjab-Haryana High Court

Kabul Singh vs State Of Haryana And Others on 17 August, 2009

Punjab-Haryana High Court
Kabul Singh vs State Of Haryana And Others on 17 August, 2009
            In the High Court of Punjab and Haryana at Chandigarh
                                     ......


                         C.W.P. No.12381 of 2009
                                   .....

                                                 Date of decision:17.8.2009


                                Kabul Singh
                                                                .....Petitioner
                                     v.

                         State of Haryana and others
                                                            .....Respondents
                                     ....


Present:      Mr. Sharad Kumar Yadav, Advocate for the petitioner.
                                   .....

S.S. Saron, J.

After the death of Shri Issar Singh, the previous Lambardar of

Village Saharanwas, Tehsil and District Rewari a proclamation was made in

the Village on 23.2.2004 inviting applications for appointment of

Lambardar from interested persons. Three persons, namely, Kabul Singh

(petitioner), Khub Lal (respondent No.4) and Sunil Kumar (respondent

No.5) applied for the post. On the basis of the material placed on record the

Tehsildar recommended the name of Kabul Singh (petitioner) for

appointment as Lambardar. The Assistant Collector-cum-SDM after going

through the material on record also recommended the name of the petitioner

for appointment as Lambardar. The petitioner appeared before the

Collector, District Rewari (respondent No.3) on 6.7.2004. Respondents

No.4 and 5, it is stated, did not appear before the Collector (respondent

No.3). Accordingly, the Collector (respondent No.3) vide order dated

6.7.2004 (Annexure-P.1) appointed the petitioner as Lambardar of the

village finding him to be most suitable. Aggrieved against the order dated
C.W.P. No.12381 of 2009
[2]

6.7.2004 (Annexure-P.1), Khub Lal (respondent No.4) filed an appeal

before the Commissioner, Gurgaon Division, Gurgaon (respondent No.2).

The Commissioner vide his order dated 23.11.2006 (Annexure-P.2) set

aside the order dated 6.7.2004 (Annexure-P.1) passed by the District

Collector, Rewari. The Commissioner in his order dated 23.11.2006

(Annexure-P.2) observed that Khub Lal (respondent No.4) had experience

of the work of Lambardar as he was son of deceased Lambardar. Besides,

he is an ex-serviceman and more literate than Kabul Singh (petitioner).

Khub Lal (respondent No.4), it was observed, had 7.5 acres of land and his

economic condition in relation to Kabul Singh (petitioner) was very good.

Besides, it was observed that an ex-serviceman is to be given preference for

the post of Lambardar. Accordingly, Khub Lal (respondent No.4) was

appointed as Lambardar. The petitioner aggrieved against the order dated

23.11.2006 (Annexure-P.2) passed by the Commissioner, Gurgaon Division

filed a revision petition under Section 16 of the Punjab Land Revenue Act,

1887 before the Financial Commissioner, Haryana. The learned Financial

Commissioner after going through the evidence and material on record vide

order dated 27.1.2009 (Annexure-P.3) observed that Kabul Singh

(petitioner) though was younger in age but Khub Lal (respondent No.4) was

physically fit and could discharge functions of the Lambardar effectively.

Besides, it was observed that Khub Lal (respondent No.4) being son of the

Lambardar would be well versed with the functioning of the post of

Lambardar. It was also observed that Khub Lal (respondent No.4) was an

ex-serviceman who is to be given preference in the matter of appointment.

The petitioner aggrieved against the order dated 27.1.2009 (Annexure-P.3)
C.W.P. No.12381 of 2009
[3]

passed by the learned Financial Commissioner has filed the present petition.

Learned counsel for the petitioner has contended that the

petitioner is more suitable than respondent No.4 for appointment as

Lambardar. It is submitted that respondent No.4 is suffering from

tuberculosis. A reference has been made to the certificate dated 17.8.2006

(Annexure-P.4). Besides, it is submitted that respondent No.4 is 72 years of

age whereas the petitioner is 44 years of age. It is also submitted that

respondent No.4 is in illegal possession of 2 Kanals 2 Marlas of land of the

panchayat. A reference has been made to the copy of demarcation report

dated 4.12.2005 (Annexure-P.5). It is also submitted that Khub Lal

(respondent No.4) himself had not appeared before the Collector and,

therefore, was not considered and has rendered himself ineligible for

consideration.

I have given my thoughtful consideration to the matter and with

the assistance of the learned counsel gone through the record. It may be

noticed that in the matter of appointment of Lambardar, the choice of the

District Collector is normally to be preferred and not lightly set aside unless

there is some gross irregularity, perversity or patent error in the order

appointing the Lambardar. Nevertheless the hearing of an appeal is a

continuation of the original petition. At the time of hearing before the

District Collector, Khub Lal (respondent No.4) was proceeded ex parte as

he did not put in appearance. He, however, preferred an appeal against the

order of the District Collector before the Commissioner. The Commissioner

after considering the inter se merit of the candidates found Khub Lal

(respondent No.4) to be more suitable. As already noticed it was observed

that Khub Lal (respondent No.4) was son of the deceased Lambardar and he
C.W.P. No.12381 of 2009
[4]

was an ex-serviceman. Besides, he had more land than the petitioner. His

economic condition was also observed to be better than the petitioner. The

order of the Commissioner has been upheld by the learned Financial

Commissioner.

For the appointment of the Village Headman Rule 15 of the

Punjab Land Revenue Rules (as applicable in Haryana) (`Rules’ – for short)

provides for matters to be considered in first appointment. Rule 15 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) extent of property in the estate possessed by the

candidate.

(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.”

A perusal of the above provides for guidance for appointment.

Hereditary claim is one of the factors which are to be taken into account for

consideration for appointment as Lambardar. Besides, even the holdings of

a person and services rendered to the State by the candidate himself or by
C.W.P. No.12381 of 2009
[5]

his family are necessary to be taken into consideration for appointment as

Lambardar. The petitioner has been son of the deceased Lambardar.

The grounds taken by the learned counsel for the petitioner are

that respondent No.4 is not suitable and that he is suffering from

tuberculosis. A reference has been made to the certificate dated 17.8.2006

(Annexure-P.4). A perusal of the said certificate shows that upto the month

of August 2006 the petitioner had been taking treatment for TB. However,

there is nothing on record to show that after the issuance of the certificate in

2006, respondent No.4 continues to suffer from the disease further. As

regards the demarcation report dated 4.12.2005 (Annexure-P.5) it is not

shown that the same was placed before the revenue authorities at the time of

consideration of appointment as Lambardar. This Court in exercise of its

supervisory writ jurisdiction is not to sit in appeal over the findings and

conclusions reached at by the revenue authorities on the relative assessment

of the inter se merit of the candidates. Neither is this Court to substitute its

decision for that recorded by the revenue authorities after due consideration

of the merits and demerits of the candidates. The fact that petitioner was

proceeded against ex-parte before the Collector is of no consequence as he

is not estopped from availing his statutory right of appeal.

In the circumstances, there is no merit in this petition and the

same is accordingly dismissed.

August 17, 2009. (S.S. Saron)
Judge
*hsp*

NOTE: Whether to be referred to the Reporter or not:Yes/No