Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 – Constitution of India, Article 226 -- Appointment of Lambardar – Husband of petitioner was Lambardar – Non-consideration of -- It is settled law that the choice of the Collector must be respected unless and until the same is found to be perverse -- Just because the husband of the petitioner was a Lambardar, it cannot be presumed that she has better knowledge of lambardari duties -- In exercise of revisional jurisdiction, the concerned Court is only required to go into patent procedural illegalities or perversities -- It is not essential for the Court to consider each and every argument raised because appellate jurisdiction is not being exercised – No ground to interfere with the order passed by the Financial Commissioner -- Writ petition dismissed.

(Para 3-5)

Constitution of India, Article 309 – Appointment on compassionate ground – Pay Scale different than regular appointee – Permissibility of -- Once a person is appointed on a particular post, maybe on compassionate ground, that person is entitled to the pay-scale of the same post -- There cannot be two different pay-scales for the employee appointed on compassionate ground and the employee appointed on regular basis.

(Para 2-3)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16 – Appointment of Lambardar – FC passed order to start proceedings afresh -- Power of -- Financial Commissioner can remand the case for starting proceedings afresh only in two situation:- (a) the proper procedure was not followed and (b) none of the parties is eligible or suitable -- Financial Commissioner has returned a finding that none of the parties were suitable and thus, he did not commit any error. Gurlal Singh’s case 2008 (4) RCR (Civil) 792 relied.

(Para 4)

Punjab Land Revenue Rules, Rule 15, 16 -- Appointment of Lambardar – Quashing of FIR on compromise – Effect of -- It makes no difference whether the FIR is registered was pending on the date of the application or not -- Quashing of FIR on the basis of compromise does not absolve the petitioner so far as appointment to the post of Lambardar is concerned because the fact remains that he had committed a crime and is not a clean person -- Thus, the Commissioner was justified in setting aside the appointment.

(Para 4)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16 – Constitution of India, Article 226 -- Appointment of Lambardar – Appeal and stay application before FC – Non-decision upon – Writ petition -- Appeal came up for preliminary hearing on 02.02.2021 but was adjourned to 20.04.2021 as the said officer did not hold the Court on that day – Application for preponement was listed on 23.02.2021, but has again been adjourned to 20.04.2021 -- Petition disposed of with directions that the stay application be heard and decided on 20.04.2021 by the learned Financial Commissioner -- In case there is any exigency in holding the Court on 20.04.2021, then the order be passed on the said application within a period of one week thereafter.

(Para 1, 2, 5)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 – Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Commissioner reversed the order of DC – FC upheld the appointment made by DC by setting aside Commissioner’s order -- Ld. Single Judge uphold the order of FC by saying that although the petitioner is younger in age by few years and is a matriculate with ownership of the land also on the higher side vis-à-vis respondent No.6 but respondent No.6 carries more personal influence and has been an ex-member of the Gram Panchayat from 1992 to 1996 and has also worked as an authorized Sarpanch in the year 1996-97 -- Villagers have also given Panchnama in favour of respondent No.6 and these factors have weighed in the mind of the District Collector while appointing respondent No.6 as Lambardar -- Further, in the absence of any illegality, perversity or mala fide in the exercise of power by the District Collector, such exercise of choice by him/her is uncalled for, which is the settled law – Held, order of learned Single Judge and FC being based upon the settled proposition of law do not call for any interference in the appeal.

(Para 5, 6)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 – Constitution of India, Article 226, 227 -- Appointment of Lambardar – Criminal case – Clean antecedents – Consideration of -- FIR registered against the petitioner u/s 323, 324, 341, 379, 34 IPC on 3.9.2009 much prior to the post of 'Lambardar' having fallen vacant on 5.11.2012 – Acquittal in the above-said case was on 1.2.2018 i.e. much later than the appointment of respondent No.4 as 'Lambardar' vide impugned order dated 20.5.2014 – Even if the petitioner possesses better educational qualification and bigger chunk of land than appointed candidate, appointing authority is supposed/required to select the candidates having clean antecedents – No illegality, irregularity or perversity in the impugned orders – Writ petition, being sans any merit, deserves dismissal.

(Para 7, 8)

A. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 – Constitution of India, Article 226, 227 -- Appointment of Lambardar – Reversed by Commissioner, affirmed by FC – Challenge to -- Writ jurisdiction -- Authorities below have compared a number of aspects between the petitioner and respondent No. 4 before approving the appointment of respondent No. 4 as Lambardar of the village -- Not only respondent No. 4 is younger in age but is better qualified than the petitioner -- Authorities below are the better judge with regard to the appointment to the post of Lambardar by evaluating the candidates, who were claiming appointment against the said post -- Writ petition dismissed.

(Para 3-5)

B. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 – Constitution of India, Article 226, 227 -- Appointment of Lambardar – Reversed by Commissioner, affirmed by FC – Driver – Candidature of -- Writ jurisdiction -- Objection that Respondent No. 4 is a driver by profession and hardly remains in the village is being raised for the first time -- Same cannot be taken into account to interfere with the orders -- Writ petition dismissed.

(Para 6)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 – Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar by DC – Appeals against appointment dismissed -- In revision appointed candidate wish to discontinue as headman -- Authorities are required to issue fresh advertisement.

(Para 5)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16 -- Punjab Land Revenue Rules, Rule 15, 20 – Constitution of India, Article 226, 227 -- Appointment of Lambardar by Collector affirmed by Commissioner and reversed by Financial Commissioner – Legality of -- Private respondent is Ex-serviceman served 30 years with the CRPF -- Petitioner had himself on an earlier occasion ignored twice by the Collector, due to his employment in the Sugar Mill and for the same post had been conveniently overlooked -- Private respondent was ignored on the ground that two FIRs had been registered against him and acquittal was on the basis of compromise between the parties -- Present petitioner was appointed on account of being 45 years of age and B.A. pass in comparison and owning 4 acres 3 kanals 15 marlas of land, whereas private respondent was a Matriculate only and owned only 2 acres 5 kanals and 12 marlas of land -- Issue of easy availability for the convenience of the general public is another aspect -- Financial Commissioner has rectified the illegality of law by setting aside the appointment of the petitioner -- It cannot be said that the order passed by the Financial Commissioner suffers from any infirmity or irregularity, which would warrant interference under Article 226/227 of the Constitution of India.

(Para 4-13)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16 – Constitution of India, Article 226, 227 -- Appointment of Lambardar – Non-challenge to before Commissioner – Held, once the petitioner accepted the order of the Collector, he cannot now turn around and submit that he was to be given an opportunity to be heard on merits and contest the case against the private respondent -- Thus, he now cannot contend that the matter should be remanded for inviting fresh applications, so that he can also contest on merits.

(Para 14)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16 -- Appointment of Lambardar – Long pendency of Revision/Stay application -- R.O.R. pending since 22.05.2019 -- Financial Commissioner is directed to consider on merits the appeal and the stay application and pass appropriate orders -- In the event the appellate authority is not in a position to dispose of the main appeal immediately, the stay application filed therein shall be considered expeditiously on merits not later than two weeks by affording an opportunity of hearing to both the parties.

(Para 1-5)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 -- Punjab Land Revenue Rules, Rule 15, 16 -- Removal of Lambardar – Challenge to – Fresh appointment – Effect of -- In the proceedings there was a challenge to the removal of the petitioner from the post of Lambardar -- At no point of time, during the pendency of the proceedings before the Financial Commissioner, there was any stay as regards the fresh appointment of Lambardar -- Collector, appointed respondent No.5 as Lambardar -- Held, once a fresh Lambardar stands appointed, the finding that RORs filed by the petitioner had been rendered infructuous, cannot be found fault with – Doctrine of merger will not apply.

(Para 11-14)

Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Hereditary claim -- Appointment by hereditary is not exclusive but only gives a preferential right -- Preference can only be given in case two candidates are found to be similarly situated i.e. on the same footing -- Respondent No. 4 has been found better suited than the petitioner, therefore, the claim of the petitioner to be appointed on the basis of hereditary by giving him preference, is not correct and cannot be accepted.

(Para 6)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 -- Appointment of Lambardar – Choice of Collector – Interference in -- It is settled law that choice of the Collector must be preferred unless the same is found to be perverse -- Collector has given cogent reasons and found that the said respondent is more educated, being younger in age and more active and energetic than the petitioner -- There is no perversity in the said order – Held, Commissioner was not justified in reversing the same merely because he felt that on a comparative examination of the merits of the candidates, petitioner was more suitable – Financial Commissioner accepted the appeal and restored the order of Collector – Order of FC upheld.

(Para 2-5)

A. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 -- Appointment of Lambardar – Choice of District Collector – Interference in -- Unless the discretion exercised by the District Collector was demonstrated to be perverse and contrary to the any statutory provisions, the same could not be interfered with.

(Para 4)

B. Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar -- FIR post appointment – Effect of -- FIR u/ss 307, 323, 447, 427, 148 and 149 read with Section 120-B IPC – Challan had not been presented by the police post investigation -- Thus, the said FIR was inconsequential, for, the eligibility -- Candidature was to be evaluated in the wake of the factors prevalent at the time of his appointment.

(Para 4)

C. Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar -- Sarbrah Lambardar – Right of -- Just because the appellant served as such would not vest him with an indefeasible right to claim appointment as Lambardar -- For, at best it could only be a relevant factor to be taken into consideration while evaluating the suitability of the candidates -- It is only in an eventuality, where both the candidates are similarly placed, the factor that one of them has served as Sarbrah Lambardar would enure to his advantage and not otherwise.

(Para 4)

D. Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Younger in age by 4 years -- Argument that being younger in age than appointed candidate, the appellant ought to have been preferred for appointment is erroneous.

(Para 4)

Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar –Candidature of employed candidate -- Appellant is required to be on duty from 8:00 AM to 4:00 PM -- Since services of the Lambardar are required by the village community for the purposes of attestation, identification of accused persons, demarcation of the land holdings etc., the appellant was not suitable to be appointed as such.

(Para 6,7)

A. Punjab Land Revenue Rules, Rule 16 -- Appointment of Lambardar – Resident of village -- Once the Collector had specifically held that the vacancy, as such, was from Village H, it was not justified for him to appoint a person from the Patti, especially, when other candidates had already been appointed.

(Para 6)

B. Punjab Land Revenue Rules, Rule 16 -- Appointment of Lambardar – Young candidate – Preference of -- It is settled principle that a younger person can always be of help to the residents of the village and the involvement will be more and the purpose of the appointment will be fulfilled.

(Para 7)

Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Criminal cases – Political and local rivalry -- Alleged criminal background of the private-respondent, does not survive, as the criminal litigation of that complaint stems from a political fall-out and the local rivalry of the village -- Even the other complaint u/s 499, 500 IPC petitioner qua the offences of defamation -- Present set of litigation, prima facie in which even the private-respondent has not been convicted, thus, do not warrant any consideration.

 (Para 11)

Punjab Land Revenue, Rules, Rule 15 – Constitution of India, Article 226/227 – Writ jurisdiction -- Appointment of Lambardar – Teacher – Candidature of -- Lambardar was to assist in various matters regarding the possession of land, demarcation of land, identification of accused persons, attending to revenue and police officers when they visited the village and was a significant factor -- Non-availability as such on account of the fact that the Lambardar was a Teacher would always be in doubt and, therefore, the findings which had been recorded by the Revenue Authorities which were neither perverse nor arbitrary should not have been interfered with under the powers under Articles 226 and 227 of the Constitution of India.

(Para 9)

A. Punjab Land Revenue Rules, Rule 15 – Appointment of Lambardar – Choice of Collector -- Choice of the Collector at the grassroots is not to be interfered with until it is perverse or arbitrary.

(Para 5)

B. Punjab Land Revenue Rules, Rule 15 – Constitution of India, Article 226,227 -- Appointment of Lambardar – Choice of Collector – Power of High Court -- Service to the Nation is an important aspect which has been duly kept in consideration – Appointed candidate is a retired Subedar from the Indian Army and the fact that he had been unanimously elected as a Member of the Panchayat are valid factors which weighed with the Collector, apart from the interaction which was done with the petitioner and the appointed candidate by the Collector -- Well-reasoned order passed by the Collector does not warrant any interference by High Court -- Procedure of appointment is to be kept in mind and High Court is not to consider the merits and demerits of the candidates.

(Para 5)

A. Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Illegal possession – Candidature of -- A person who himself is in illegal possession, thus, cannot seek any right to be appointed as Headman.

(Para 9)

B. Punjab Land Revenue Rules, Rule 16 (ii) (f) – Dismissal of Lambardar/Headman -- A Headman may be dismissed if he neglects to discharge his duties or is otherwise shown to be incompetent.

(Para 9)

Punjab Land Revenue Rules – Rule 15 -- Appointment of Lambardar -- Land holding requirement – Date of application or Appointment – Ld. Single Judge concluded that crucial date for determining the relative merit of the candidates is the date of appointment and not when the candidates submit their applications – Order upheld, L.P.A. dismissed.

(Para 2-6)

Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar -- Appellant as well as appointed candidate more or less are possessing same qualification -- Taking into consideration the fact that there is no de-merit attached with any of the candidates, the appointment of Lambardar made by Collector followed by Financial Commissioner and learned Single Judge affirmed.

(Para 3)

Punjab Land Revenue Rules – Rule 15 – Appointment of Lambardar – Ex-serviceman – Young age -- Acquittal in criminal case – Less land-holding -- Petitioner’s land holding 5 acres and 6 kanals in comparison to 19 kanals held by the appointed candidate – Cutting edge which the appointed candidate possesses is that he is an ex-serviceman and younger in age – Appointed candidate involved in a criminal case/ acquitted, noticed by Deputy Commissioner – Commissioner/ Financial Commissioner upheld the order of DC – Collector being at the grass root level is the best person to judge the suitability of the headman – Petition challenging appointment dismissed.

(Para 2-5)

Punjab Land Revenue Rules, Rule 15 – Appointment of Lambardar – Candidature of Woman in comparison to man -- Collector had opted for the private respondent for his experience on account of his age being about 58 years old and his background -- Land holding of the said respondent was also larger in comparison to the petitioner -- Commissioner wrongly interfered only on the age aspect -- Financial Commissioner restored the order of Collector – Collector also noticed that in certain works of Lambardari which pertains to field work and in the realm of the security aspects, therefore, a woman candidate might not be safe and also this was one criteria which he has kept in mind – Order does not suffer from any perversity and does not require any interference by the writ Court.

(Para 12)

A. Punjab Land Revenue Rules, Rule 15,16 – Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 -- Appointment of Lambardar – Choice of Collector – Collector appointed respondent no. 4 as Lambardar – No doubt, running a depot is not a disqualification but undoubtedly, some time is required to be devoted for the work, whereas appointed candidate having no other work to do, can give more attention to perform the duties of Lambardar – Petitioner is not on better footings than as far as hereditary claim and issue of property is concerned – Petitioner is 53 years of age, whereas appointed candidate is 35 years of age – Only difference is of the qualification, as the petitioner is stated to be Graduate, whereas appointed candidate is 10+2 pass – Held, choice of the Collector is hardly to be interfered with unless some justified and perverse findings are there.

(Para 8)

B. Punjab Land Revenue Rules, Rule 15,16 – Appointment of Lambardar – Some of the relevant factors, which are necessary to be taken into consideration are hereditary claims, property in the estate possessed by the candidate to secure recovery of land revenue, the services rendered to the State by the candidate himself or by his family members and his personal influence, character, ability and freedom from indebtedness.

(Para 8)

Punjab Land Revenue Rules, Rule 15, 16 -- Appointment of Lambardar – Resident of Village -- Compromised in Criminal case -- FIR under Sections 452, 336, 427, 348, 188 of IPC and Section 25-54-59 of the Arms Act – Compromise is not a case of acquittal -- As per report by Ld. S.D.M, the residential address of the appellant is of Ferozepur City’ and a gas connection is also installed at the same address -- Once, the appellant wants to be appointed as a Lambardar of village, he should always be available in the same village for serving the residents – No merit in the appeal, the same is dismissed.

(Para 1-4)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 15 – Appointment of Lambardar -- Appellant has been appointed as Lambardar by the District Collector on the basis of recommendations of Tehsildar and SDM concerned and after considering the suitability of the candidate -- Ld. Commissioner set aside the orders of the District Collector and remanding the matter only on the ground that no proper proclamation was made in the village -- However, it is not clear as to what is the basis for this conclusion – There are copies on the record of the directions issued by the Tehsildar to the Patwari concerned for carrying out the proclamation in the village, statement of Chowkidar of the village regarding the proclamation in the village, the Rapat in this regard and the entry in the proceeding book of the Panchayat -- No evidence and reason has been given for coming to the conclusion that Munadi has not been done – Order of Ld. Commissioner set aside and orders of the District Collector upheld.

(Para 9)

Punjab Land Revenue Rules Rule 15, 20 -- Appointment of Lambardar – Age of candidate -- Appointed candidate is 72 years old and is ex-serviceman -- Petitioner is an absentee from the village as he is running a shop and is not available to the villagers and would not be in a position to move with the villagers for the performance of his duties -- Contention that aged person should not have been appointed as Lambardar cannot be accepted.

(Para 5-11)

Land Revenue Rules, Rule 15(h) – Appointment of Lambardar – Owning of land -- Before Asst. Collector could send his report, appointed candidate had acquired the land from his father -- Therefore, at the time when the recommendation was made, appointed candidate was already having the land in his name – Concurrent finding recorded by all the revenue authorities upheld.

(Para 5-8)

Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – One applicant -- Fresh proclamation of -- Affidavit of the Sarpanch cannot be considered over and above the affidavit of the Chowkidar because the person who has to make the proclamation is the Chowkidar and not the Sarpanch and Chowkidar himself has stated that he has not done the proclamation – Petitioner is the only one, who had applied for the post of Lambardar which also creates a doubt about the alleged proclamation -- No right has vested in the petitioner as he is not so far been appointed as Lambardar by the Collector.

(Para 1-3)

Punjab Land Revenue Rules, Rule 15, 20  -- Appointment of Lambardar – Guard – Candidature of -- Petitioner is working as a Guard in the State Bank of Patiala -- It is such an onerous duty from which the petitioner cannot spare even a minute during his working hours for the villagers in order to perform a large number of duties imposed upon him under Rule 20 of the Rules – All the authorities under the Rules, namely, the Collector, the Divisional Commissioner and the Financial Commissioner, have been unanimous in appointing private respondent as Lambardar of the village – Orders upheld.

(Para 15-19)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 15 -- Punjab Land Revenue Rule, Rule 15 – Constitution of India, Article 226 -- Appointment of Lambardar – Disqualification -- Private respondent was though eligible for being appointed as a Lambardar at the time when he was chosen by the Collector but he was disqualified later on -- Had the disqualification been there or detected earlier, perhaps private respondent would not have been considered by the Collector and the petitioner would have been appointed as Lambardar in his place -- Direction is issued to the Collector to consider the petitioner for the purpose of appointment to the office of Lambardar in view of his suitability.

(Para 11, 12)

A. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 -- Punjab Land Revenue Rules, Rule 15 – Appointment of Lambardar -- Collector relied upon factually incorrect and misleading statement made by respondent No.4 that he had the knowledge of the working of Lambardar without verifying the veracity thereof -- Similarly, District Collector committed another serious error of law, while ignoring a material fact that he had been doing the business of commission agent, being the sole proprietor of the firm -- Order of Collector appointing respondent no. 4 as Lambardar was suffering from patent illegality as well as perversity.

(Para 5, 6)

B. Punjab Land Revenue Rules, Rule 15 – Appointment of Lambardar –Candidature of businessman -- Availability in village -- Appointed candidate was doing the work of commission agent at Abohar, he shall not be available to the residents of the village, as and when his services would be required -- Availability of Lambardar to the residents of the village is one of the relevant factor.

(Para 8)

C. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 -- Punjab Land Revenue Rules, Rule 15 – Appointment of Lambardar –Choice of District Collector, in the matters of appointment of Lambardar, is not to be interfered with lightly -- However, it is equally true that this is not the absolute rule -- As and when any order passed by District Collector is found suffering from patent illegality and perversity, the higher revenue authorities would be well within their jurisdiction to upset such a patently illegal order.

(Para 13)

D. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 -- Punjab Land Revenue Rules, Rule 15 – Appointment of Lambardar –Petitioner was younger in age by 10 years, better educated and was having 22 acres of land, whereas respondent No.4 was having 6 acres of land -- In addition to the above, petitioner was having working experience to his credit and as a matter of fact performed the duties of Lambardar, without there being any complaint from any quarters -- Although petitioner would not be entitled for any hereditary claim yet his working experience on the post of Lambardar goes to his credit -- Petitioner was having a clear edge on respondent No.4, the District Collector is directed to appoint the petitioner as Lambardar.

(Para 15-18)

Punjab Land Revenue Rules, Rule 15, 20 -- Appointment of Lambardar – Age of candidate -- Both candidates are aged 72 years and 80 years old – Lambardar is supposed to travel from his village to the town, with a view to appear in Government offices, particularly, the Tehsil and Courts – Matter is remanded to the District Collector to start the denovo process for filling up this post of Lambardar, strictly in accordance with law.

(Para 8-13)

A. Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Age – Educational qualification -- Two specific and strong relevant factors, which go against the petitioner are that he is illiterate and more than 60 years of age, whereas appointed Lambardar is about 35 years of age and 12th class pass – No doubt, no educational qualification, as such, is the requirement for appointment to the post of Lambardar, yet the educational qualification acquired by private respondent would certainly go in his favour -- Once the age was not on the side of the petitioner and he was also totally illiterate, District Collector committed no error of law, while appointing private respondent as Lambardar.

(Para 6-8)

B. Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Recommendation of SDO -- Recommendation made by the Sub Divisional Officer (Civil) was not binding on the Collector -- District Collector is the appointing authority.

Para 8)

A. Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Working experience -- Working experience is not one of the considerations for appointment to the post of Lambardar, as per the relevant provisions of law.

(Para 8)

A. Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Hereditary claim -- Respondent No.4 was found having performed the duties of Lambardar after the death of his father, thus, he was knowing the job of Lambardar -- Neither respondent No.4 was having any hereditary claim nor any such hereditary claim was made basis for passing the order by the District Collector appointing respondent No.4 as Lambardar -- It was only a fact recorded and the said fact cannot be read against respondent No.4 and in favour of the petitioner, under any circumstances.

(Para 5)

B. Fact of case – Codified law and judgment – Consideration of -- Peculiar facts of each case are to be examined, considered and appreciated first before applying any codified or judgemade law thereto.

 (Para 8)

C. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 -- Appointment of Lambardar – Choice of Collector in the matters of appointment of Lambardar is not to be interfered with lightly, until and unless order passed by the Collector is found patently illegal or perverse.

(Para 9)

Punjab Land Revenue Rules, Rule 15, 19-B (Haryana) – Appointment of Lambardar – Comparative merits of candidates -- Findings recorded by the Collector reveals that comparative merit of the candidates has not been taken into consideration in view of provisions as mentioned in Rules 15 and 19-B – Matter is remanded back to Collector with a direction to decide the matter afresh, in accordance with law, specifically in view of provisions as mentioned in Rules 15 and 19-B of the Rules.

(Para 12,14)

A. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 15 -- Appointment of Lambardar – Choice of Lambardar -- Choice of the District Collector cannot be lightly set aside -- It can only be set aside if there is perversity or illegality in the impugned order of the Collector – No perversity or illegality in the order passed by the District Collector pointed out -- Finding of the District Collector has been affirmed by the Commissioner and Financial Commissioner – Finding upheld.

(Para 8)

B. Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Father of 5 children -- Candidature of -- Contention that appointed candidate is having five children is insignificant -- There is no bar in the Punjab Land Revenue Act, 1887 or Lambardari Rules that a person having five children, cannot be appointed as Lambardar.

(Para 10)

Punjab Land Revenue Rules, Rule 16 -- Appointment of Lambardar – Typist in DC office – Candidature of -- Appellant is working as a Typist in the office of Deputy Commissioner -- This qualification was rightly taken against him -- A person who is earning his livelihood at a place away from the village, especially in the office of Deputy Commissioner, may not be easily available to the villagers, as and when his presence is needed -- Lambardar is supposed to go to the office of Deputy Commissioner and if this post is given to a person who is permanently sitting in the office of the Deputy Commissioner, probably he may make some malpractice.

(Para 4,5)

Punjab Land Revenue Rules, Rule 15 – Appointment of Lambardar – Clean image candidate – Preference of -- Appellant was convicted for offence u/s 13 of the Public Gambling Act and sentenced to pay fine -- This fact was not taken into consideration by the revenue authorities -- No such disqualification exists against private respondent --  If a person with clean image is available, he needs to be appointed as Lambardar, a post, which attracts respect in the village – Appointment of private respondent as Lambardar, upheld.

(Para 4,5)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 --  Punjab Land Revenue Rules, Rule 16 -- Appointment of Lambardar – Unauthorised possession by father -- Choice of Collector – Collector looked into the comparative merits and demerits and appointed private respondent as Lambardar -- Unauthorised occupation on Gram Panchayat's land by father of private respondent cannot be taken against him – Private respondent is permanent resident of the village and he had not encroached upon any portion of the Gram Panchayat's land -- Collector's choice, invariably, is to be respected unless bad in law – Appointment of Lambardar, upheld.

(Para 14-16)

Punjab Land Revenue Rules Rule 15 -- Appointment of Lambardar – Unauthorised occupant -- Clean image candidate – Preference of -- At one point of time, the appellant had occupied common purposes' land and when he came to know about that the demarcation is going to be effected, he shifted his boundary wall to his own land from the common land – Person with clean image has to be preferred for the post of Lambardar -- Appointment of private respondent as Lambardar upheld.

(Para 10)

Punjab Land Revenue Rules, Rule 16 -- Appointment of Lambardar – Munadi -- In view of the munadi/publication, no-one came forward to contest for the post of Lambardar but as soon as the petitioner was appointed as Lambardar, there were 4 persons who had filed appeals alleging that they do not come to know about the munadi – Financial Commissioner has rightly observed that the Rapt Roznamcha pertaining to the munadi does not have signature of any witness which raises a doubt about the munadi and remanded back the case -- No error in the order of the Financial Commissioner.

(Para 4, 7)

Punjab Land Revenue Rules, Rule 16 – Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 -- Appointment of Lambardar – Choice of Collector -- In cases, where candidates are evenly balanced, Collector's choice has to be respected.

(Para 4)

Punjab Land Revenue Rules, Rule 16 – Constitution of India, Article 226, 227 -- Appointment of Lambardar – Unauthorised possession – Interim orders -- Reliance is made upon orders and on an application seeking temporary ad-interim injunction however suit has been dismissed as withdrawn – Held,  with the dismissal of the civil suit, the interim orders no longer survive and these are not liable to be taken into consideration for holding that private respondent is in unauthorized occupation of Government land.

 (Para 10,11)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 -- Punjab Land Revenue Rules, Rule 16 -- Appointment of Lambardar –Candidate involved in litigation -- Choice of Collector – Where candidates are evenly balanced, Collector's choice has to be respected – Name of appointed candidate was recommended by the lower revenue staff -- It is established on record that other candidate was in litigation with some residents of the village – No case is made out to cause interference.

(Para 4)

A. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16 – Lambardari Case – Appointment of Lambardar – There would be no cause for inference in the orders of the Collector unless it contained some illegality, perversity or material irregularity.

(Para 4)

B. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16 – Lambardari Case – Appointment of Lambardar – Lady candidate contesting for the post of Lambardar – Ordinarily she is expected to live in village, where she is married – Her name also figures in the Voter’s list of that village – At the time she applied for the post she was working as teacher – Collector was justified in considering these facts for determining merits of two candidates.

 (Para 4)

Punjab Land Administration Manual, Para 305 to 348 – Lambardari Case – Vacant post of Lambardar – Tehsildar, on the report of Patwari, can seek applications and submit his recommendations to the Collector via Assistant Collector for filling the post of Lambardar – No need to take explicit approval of District Collector for starting proceedings for appointment of Lambardar or that making the proclamation in this regard.

(Para 4, 5)