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(2018) Law Today Live Doc. Id. 10126 = 2018(1) L.A.R. 296
in CWP No.12175 of 2016
Decided on : 15.01.2018
Present: Mr. Mandeep K. Saajan, Advocate for the appellant.
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)
JUDGMENT
RAJESH BINDAL, J. –
Aggrieved against the order of dismissing the writ petition, passed by the learned Single Judge, where the issue was regarding appointment of Lambardar of village Dullewala, the appellant has filed the present intra court appeal.
2. The contentions raised are that candidature of the appellant has been wrongly rejected. Rule 15 of Punjab Land Revenue Act, 1887 (for short ‘the Act’) does not require that the candidate for the post of Lambardar had to be a resident of the same village and further he was acquitted in the criminal case registered against him.
3. After hearing the learned counsel for the appellant, we do not find any error in the order passed by the learned Single Judge. The criminal case registered against the appellant was disposed of by this Court vide order dated 08.11.2012, passed in Criminal Misc. No.M-31480 of 2012, as the matter in dispute was compromised. It was not a case of acquittal. The FIR was registered under Sections 452, 336, 427, 348, 188 of the Indian Penal Code and Section 25-54-59 of the Arms Act. Further, it is not in dispute that the appellant is residing in Ferozepur City. As per report submitted by learned Sub Divisional Magistrate, Ferozepur, the residential address of the appellant is ‘Bharat Nagar, 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.
4. While concurring with the view expressed by the learned Single Judge, we do not find any merit in the present appeal. The same is dismissed.
Appeal dismissed.
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