Civil Writ Petition No.11956 of 2010 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11956 of 2010 Date of decision: 24.09.2010 Vasdev ....Petitioner Versus State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Sanjeev Pandit, Advocate for the petitioner Mr. C.S.Brar, DAG, Punjab for the respondents RAJIVE BHALLA, J The petitioner prays for issuance of a writ in the nature of mandamus directing the respondents to renew/issue an identity card to the petitioner as the Sarbrah Lambardar of the Village. Counsel for the petitioner submits that the petitioner has been working as the Sarbrah Lambardar since 1968 as his brother Ram Parkash is incapable of carrying out the duties of the Lambardar. The Deputy Commissioner has, however, refused to issue an identity card as the Sarbrah Lambardar, without any just cause. Counsel for the State of Punjab submits that the petitioner was appointed as a Sarbrah Lambardar for a period of five years on 24.10.1968. The record does not disclose that his appointment was extended and, therefore,the identity card was rightly refused. I have heard counsel for the parties and perused the Civil Writ Petition No.11956 of 2010 -2 paper book. The Deputy Commissioner, Hoshiarpur, has filed an affidavit, deposing therein that Sh. Ram Parkash Lambardar has made a statement that he is incapable of working as the Lambardar. The statement made by Shri Ram Parkash, Lambardar, reads as follows:- “It is stated that I was appointed Lambardar of village Khabal, Tehsil and District Hoshiarpur in the year 1953. I have allowed my brother Sh. Vasdev s/o Sh. Jai Ram to work as Sarbrah Lambardar in the year 1968 because I was not mentally fit and had also been discharged from the army on this ground. I cannot discharge the duties of a Lambardar because I have attained the age of 90 years. Moreover , I am not keeping a good health and I cannot discharge the duties of Lambardar and unable to work.” The incumbent Lambardar has admitted that he is incapable of discharging his duties. The Deputy Commissioner has issued a notice to Sh. Ram Parkash son of Jai Ram asking him to show cause why he should not be removed from the post of Lambardar. As regards the petitioner, his appointment as the Sarbrah Lambardar was not extended beyond 5 years. The petitioner does not have a vested right to be issued an identity card as the Sarbrah Lambardar. In this view of the matter, the prayer for issuance of a writ of mandamus, cannot be accepted. The Deputy Commissioner is, however, directed to finalise proceedings within three months and Civil Writ Petition No.11956 of 2010 -3 during this period consider the possibility of appointing an appropriate person to discharge the duties of the Lambardar, including the petitioner as a Sarbrah Lambardar. Dismissed. September 24, 2010 (RAJIVE BHALLA) nt JUDGE