Mahabir Singh vs State of Punjab and others

M.R. Sharma, J.

Dangal Singh was the original Lambardar. He was not in a position to perform his duties and one Chanan Singh was appointed as Sarbrah Lambardar in his place by the Collector of Bhatinda district. At some time, the said Chanan Singh also died. When the office of Lambardar fell vacant, Mahabir Singh, the present petitioner (son of Dangal Singh deceased), applied for being appointed as Lambardar and his prayer was allowed. It so transpired that the said Chanan Singh while he was acting as Sarbrah Lambardar had collected land revenue to the tune of Rs. 4718. 18 from various landowners but had not deposited the same in the Government Treasury. On these facts, a notice was issued to the petitioner to show cause why this amount be not realised by attachment and also of the property of Dangal Singh deceased, a part of which he (the petitioner) has inherited. The objections raised by him were turned down by the Tehsildar and the appeal filed by him was also dismissed by the Collector of the District. He has challenged those orders in the instant petition.

Shri Das Raj, the learned counsel for the petitioner, has argued that section 71 of the Punjab Land Revenue Act under which this realisation is being effected is not attracted when a Lambardar after collecting land revenue from the landholders fails to deposit the same in the Government Treasury. In support of this contention, reliance is placed on a Single Bench decision of this Court reported as S. Sarup Singh v. The Collector, Hissar and others, 1970 P.L.J. 313 (decided by B.R. Tuli, J.). This view was reiterated by a Division Bench of this Court in Gurmukh Singh and others v. State of Punjab and others, 1971 P.L.J. 166.

In view of the dicta laid down in the aforementioned two authorities, I allow this petition and quash the impugned order. No I costs.