Punjab Land Revenue Act, 1887, Section 16 -- Revision - Perverse order - Naib Tehsildar recommended petitioner on account of his experience as Sarbarh Lambadar - Judgment of Courts below based on mistaken/ perverse view that respondent acquired experience of Lambardari - Perverse order cannot be sustained...........
Punjab Land Revenue Act, 1887, Section 16, Punjab Land Revenue Rules, 1908 -- Lambardari - Qualification - Petitioner Graduate - Collector considered his qualification as Matric & rejected his candiature - Order of Collector perverse resulting in miscarriage of justice - Petitioner meritorious and better candidate than respondent - Appointed Lambardar...........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Commissioner in appeal substituted his preference for appointment of Lambardar not because of any perversity or infirmity in the order of Collector but because of his opinion that other candidate is more meritorious candidate - Case covered by 2000 (2) PLJ 469 DB - Order of Commissioner set aside...........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Order of Collector in lambardari cases should not ordinarily be interfered with unless there is some perversity or serious shortcoming in it - If proper procedure has been followed and Collector has taken into account all evidence placed before him - Choice of Collector ought not to be set aside simply..........
Punjab Land Revenue Act, 1887, Section 16 -- Lambardari revision - Choice of District Collector upheld in appeal by Commissioner - Order of District Collector should not normally be interfered with unless there were any material grounds needing any interference...........
Punjab Land Revenue Act, 1887, Section 16 -- Lambardari revision - Commissioner in appeal set aside order of District Collector - Lambardar appointed by Commissioner - (i) better educated, studied upto Higher Secondary and also has Diploma in Social Work Group, (ii) having sufficient holding in the village, (iii) Assistant Collector 1st Grade recommended only his name,..........
Punjab Land Revenue Act, 1887, Section 16, Punjab Land Revenue Rules, 1908, Rule 19B -- Harijan lambardari revision - Commissioner in appeal upheld choice of District Collector in appointment of Harijan Lambardar - Unless there is something significantly wrong or irregular, choice of District Collector should not be disturbed - Financial Commissioner declined interference..........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Commissioner if wishes to set aside order of Collector - Should give adequate reasons for doing so - In Lambardari cases it is choice of District Collector that is to be respected - Orders of District Collector ought not to be set aside simply because Appellate Authority feels that the other candidate may be..........
Punjab Land Revenue Act, 1887, Section 16, 13 -- Lambardari revision/appeal - Revision petitioner absent alongwith his counsel - Also remained absent before Divisional Commissioner as well - Absence sufficient to prove that interested only to delay and prolong litigation - Displays no high regard for Court...........
Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Main consideration - Lambardari work should be carried out smoothly and efficiently - Lambardari of the village - A special distinction in rural society - Only the most worthy has to be appointed...........