Rekha Mittal, J. - The appellant lays challenge to order dated 26.11.2012, whereby his writ petition has been dismissed and the order passed by revenue authorities with regard to appointment of respondent no. 3 as Lambardar of village Sherpur Sadha, Tehsil Sultanpur Lodhi, District Kapurthala, has been upheld.
2. Counsel for the appellant submits that Surjit Singh (respondent No. 3) is a resident of village Sultanpur Lodhi, but the lambardari pertains to village Sherpur Sadha which is at a distance of 10 kilometers from village Sultanpur Lodhi, therefore, respondent No. 3 is not eligible and even if eligible would not be available to residents of village Sherpur Sadha. It is further argued that though the appellant raised the issue of Surjit Singh not being a resident of village Sherpur Sadha at the inception of process for appointment of Lambardar, but the learned Single Judge has committed an error while holding that this factual issue has been raised for the first time before the writ court.
3. Counsel for contesting respondent No. 3 would argue that respondent No. 3 owns agricultural land and an ancestral house in village Sherpur Sadha. He cultivates his land on his own, therefore, there is no question of his not being available to residents of village Sherpur Sadha. He has further argued that village Sultanpur Lodhi is only at a distance of 5- 6 kilometers from village Sherpur Sadha.
4. We have heard counsel for the parties and perused the records.
5. The only issue which arises for our consideration is whether Surjit Singh, respondent No. 3 is not eligible to be appointed as Lambardar of village Sherpur Sadha as he is a resident of village Sultanpur Lodhi. The appellant raised this issue before the District Collector, Kapurthala, who after due consideration of the matter in its entirety found Surjit Singh to be eligible as well as suitable for appointment as Lambardar of the village. It has been specifically recorded by the District Collector that Surjit Singh has 9 acres of land in village Sherpur Sadha, 12 kanals 11 marlas in village Bhago Arian and 7 kanals 15 marlas in village Taraf Hazi and his father was Lambardar of the village. The selected candidate owns land in the revenue estate of village Sherpur Sadha, which is one of the relevant factors, to be taken into consideration by the District Collector. We do not find any force in the contention of the appellant that respondent No. 3 is not eligible to be appointed as Lambardar of village Sherpur Sadha. Counsel for the appellant has failed to substantiate his plea by reference to any revenue record that the land owned by respondent No. 3 in village Sherpur Sadha is not under his personal cultivation. As Surjit Singh is cultivating his land in the village, he would certainly be available to residents of the village for discharge of his functions as headman. There is no error much less illegality or perversity in the order passed by the District Collector, affirmed by revenue authorities and in the writ petition.
In view of what has been stated herein above, there is no merit in the appeal and the same is, accordingly, dismissed. No order as to costs.
