CWP-22685-2018 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 233 CWP-22685-2018 Date of decision : 14.07.2026 Charanjit Singh ...... Petitioner versus Financial Commissioner, Revenue, Punjab, Chandigarh and others ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. S.S. Sabar, Advocate for the petitioner. Mr. Harpreet Singh, AAG, Punjab. **** PANKAJ JAIN, J. (Oral) 1. Present writ petition has been filed assailing the order dated 05.07.2018 passed by respondent No.1, whereby appointment of the petitioner as Lambardar of the village Chak Sarwan Nath, Tehsil Ludhiana (East), District Ludhiana has been set aside and the matter has been remanded back to respondent No.3 for fresh decision. The comparative merit of the candidates is being tabulated as under:- S.No. Name of Candidates Navtej Singh (Appellant) Charanjit Singh (Respondent) 1. Education: Matric Matric 2. Age: 32 years. The Appellant is much younger to the respondent and thus can work much actively than the respondent. 44 years. DINESH KUMAR 2026.07.23 18:00 I attest to the accuracy and integrity of this document CWP-22685-2018 2 3. Ownership of Land: 2 Acres. Which means that, the Appellant is financially sound and can stand security for the purpose of land revenue, if any. Does not own and land. 4. Hereditary Claim: Yes. The Appellant is grand- son of the deceased Lambardar -Smt. Manjit Kaur. Lambardari is in his blood as he has seen his grand-mother work as Lambardar It is important to mention here that, Lambadari is in the family of Appellant since last 31 years. The stigma less service rendered by the grand-mother of the Appellant for the welfare of the village and the Patti cannot be ignored. No such claim. A novice to Lambardari. 5. Support of People: 80 respectable people of the village. Comprising of Gram Panchayat of village, 4 ex-sarpanches, 3 other lambardars of the village, supported the candidature of the Appellant of having good moral character. Further, it is pertinent to mention here that, wife of Appellant has now recently been elected as new sarpanch of the Village, which again goes to show that how much respect the people of the village have for the family of the Appellant. Very few people. No noticeable person of the village supported his candidature. DINESH KUMAR 2026.07.23 18:00 I attest to the accuracy and integrity of this document CWP-22685-2018 3 6. Character: The above mentioned facts and record, speak volumes of good character of the Appellant and his family and their social status. Does not hold a good repute among fellow villagers. Nothing on record to prove that he holds a good repute among his fellow villagers. It is pertinent to mention here that he contested elections of sarpanch in 2008 and was defeated, only 7 votes polled to him. This clearly shows that nobody in the village has liking for Charanjit Singh. 7. Patti: (This Lambardari pertains to Jataan Patti and General category.) Jataan Patti. It is settled preposition of law that the candidates should be of the same Patti of which the Lambardari is question. Does not belong to any Patti, as he is a 'Mazbi Sikh' and in comes under Reserve category. It is pertinent to mention here that, separate Lambardar namely-Dhani Ram is already workig under Reserve category in the Village. 2. Rule 17 of the Punjab Land Revenue Rules, 1887 reads as under:- DINESH KUMAR 2026.07.23 18:00 I attest to the accuracy and integrity of this document CWP-22685-2018 4 “17. Matters to be considered in appointment of successors 1.[(i) In an estate, or sub-division thereof, owned chiefly, or altogether by Government a successor to the office of headman shall be selected with due regard to all the considerations, other than hereditary claims, stated in Rule 15 :] [Substituted by Punjab Government notification No. 2105-R, dated the 19th October, 1937.] Provided that in such an estate, or sub-devision thereof notified for the purpose by the Financial Commissioner, the selection shall, as far as possible, be made in the manner prescribed by sub-rule (ii) if a suitable heir is forthcoming.] (ii) In other estates the nearest eligible heir according to the rule of primogeniture shall be appointed unless some special custom of succession to the office be distinctly proved, but subject in every case to the following provisions :- (a) The claim of a collateral relation of the last incumbent to succeed shall not be admitted solely on the ground of inheritance, unless the claimant is a descendant in the male line of the paternal great-grand father of the last incumbent. (b) [Where a headman has been dismissed in accordance with the provisions of rule 16 the Collector may refuse to appoint any of his heirs :-] [Financial Commissioner's notification No. 3096-R, dated the 21st December, 1932.] (1) If the circumstances of the offences, dereliction of duty, or disqualification, for which the headman was dismissed make it probable that he would be unsuitable as a headman ; (2) If there is reason to believe that he has connived at the offence or dereliction of duty for which the headman has been dismissed ; (3) if any disqualification for which the headman has been dismissed attaches to him ; (4) if he may reasonably be supposed to be under the influence of the dismissed headman or his family to an undesirable extent. (iii) Failing the appointment of an heir, a successor to the office shall be appointed in the manner, and with regard to the considerations described in rule 15. (iv) Election shall not in any case be resorted to as aid in making appointments under this rule and rule 14.” 3. Keeping in view the fact that land holding is also one of the criteria under the rules, this Court finds no reason to interfere in the well DINESH KUMAR 2026.07.23 18:00 I attest to the accuracy and integrity of this document CWP-22685-2018 5 reasoned order passed by respondent No.1 remanding the matter back to be decided afresh by the Collector on the basis of comparative merit. 4. Finding no merits in the present writ petition, the same is ordered to be dismissed. (PANKAJ JAIN) JUDGE 14.07.2026 Dinesh Whether speaking/reasoned : Yes Whether Reportable : No DINESH KUMAR 2026.07.23 18:00 I attest to the accuracy and integrity of this document