CWP No.13867 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13867 of 2011 Date of decision: 03.08.2011 Harinder Singh ....Petitioner Versus Divisional Commissioner, Patiala, Division Patiala and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Har Naresh Singh Gill, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J. (ORAL) Present petition is filed challenging the order dated 1.9.2009 passed by Deputy Commissioner-cum-District Collector, SAS Nagar, as well as order dated 15.2.2011 passed by Divisional Commissioner, Patiala Division, Patiala, thereby appointing respondent No.4 as Lambardar of village Dharak Khurd, Tehsil Kharar, District SAS Nagar, Mohali. Learned Collector in the impugned order dated 1.9.2009 has observed as under: - “I have gone through the record on the file thoroughly. I have also heard the arguments of the learned counsel very carefully and I have come to time conclusion that for the post of Lambardar of village Dhara Khurd, Tehsil Kharar, Distt. SAS Nagar. Sh. Tarlochan Singh son of Amrik Singh is a better candidate as compared to Sh. Harinder Singh son of Sh. Jarnail Singh for the following reasons: - * The age of candidate Tarlochan Singh is 23 years whereas the age of Harinder CWP No.13867 of 2011 -2- Singh is about 42 years. The candidate Tarlochann Singh is younger to the other candidate in age because he is young. Therefore, he can work actively. * More persons have given statement from the village in favour of candidate Tarlochan Singh. From this it is clear that more persons from village are happy if this candidate is appointed as Lambardar. * To appoint Sh. Tarlochan Singh, Lambardar all revenue officers, Naib Tehsildar cum Assistant Collector Grade- II, Kharar, Tehsildar cum Assistant Collector Grade-II Kharar and Sub Divisional Magistrate cum Assistant Collector Grade-I, Kharar have recommended his name. * There is no wait in the arguments of the counsel for Sh. Harinder Singh counsel that he is more qualified as compared to other candidate Tarlochan Singh. Sh. Harinder Singh is Higher Secondary pass whereas Sh. Tarlochan Singh is Matric pass. There is no much difference in the education qualification of both the candidates. Keeping in view the above facts, and agreeing with the recommendations of three revenue officials, Naib Tehsildar, Kharar, Tehsil Kharar and Sub Divisional Magistrate, Kharar, I appoint Sh. Tarlochan Singh son of Sh. Amrik Singh as new Lambardar on the post of vacated by Sh. Piara Singh, Lambardar of village, Dharak Khurd.” Learned Divisional Commissioner has dismissed the appeal of the petitioner by observing as under: - “The appellant has failed to point out any specific merits of the appointed candidate and has also failed to produce any document in his favour, which can be considered better than that of the respondent on any account. In view of the above, I do not find any illegality in the order passed by District Collector, SAS Nagar and the choice of District Collector need not be interfered unless it is suffering from any patent illegality.” I have heard learned counsel for the petitioner and have perused the record. CWP No.13867 of 2011 -3- Hon'ble Apex Court in the matter of Mahavir Singh Vs. Khiali Ram and others, (2009) 3 Supreme Court Cases 439 has observed that if finding of Collector is not perverse and Collector did not fail to take into consideration the relevant factors or otherwise Collector's decision is not on extraneous considerations then opinion of the Collector should not be disturbed lightly. In the present case, petitioner is not able to point out any illegality or perversity in the order/choice of the Collector, therefore, I am not inclined to entertain this petition under Article 226/227 of the Constitution of India. Petition is dismissed in limine. (Alok Singh) Judge August 03, 2011 R.S.