Law: West Pakistan Land Revenue Rules, 1968

Section: 17,19

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Land Revenue Rules, 1968--- ----Rr.17 & 19---Constitution of Pakistan, Art.199---Constitutional petition---Lambardar (Village Headman), post of---Preferential right of appointment---Refusal of authority to appoint petitioner against such post having fallen vacant on demise of his father---Validity---Petitioner had a hereditary claim, which was liable to be considered as one of relevant considerations---Petitioner had served for 13 years as temporary Lamberdar on such post without any complaint of default of Government's dues on his part---Petitioner owned 16 kanals land, which was less than respondent, but would be sufficient to be used as surety for payment of dues collected on behalf of Government---Petitioner had experience of recovering and depositing money in Government Treasury due to which he had a preferential right of becoming Lamberdar over respondent who did not have such experience---High Court accepted constitutional petition in circumstances. Maqbool Ahmad Qureshi v. The Islamic Republic of Pakistan PLD 1999 SC 484 ref. (b) West Pakistan Land Revenue Rules, 1968--- ----R.17---Lamberdar (Village Headman), appointment of---Criteria---Owning of more property by a candidate alone could not be considered as of primary importance for such appointment---Principles. No doubt the extent of property owned by a candidate is one of the criteria to be considered, however, this fact alone cannot be considered as of primary importance while making the appointment as Lamberdar. Ownership of large land holding is meant to safeguard the interest of the Government in payment of the Government dues by the Lamberdar. However, a Lamberdar having more property/land, if mortgages his holding and delivers the possession of the holding to the mortgagee, is required to leave the office of the Lamberdar. The payment of government dues can be safeguarded by ordering a candidate to furnish an adequate surety. (c) Colonization of Government (Punjab) Act (V of 1912)--- ----S.10---West Pakistan Land Revenue Rules, 1968, R.17---Lamberdari grant---Scope---Such grant was State land and could not be sold by a person not being owner thereof. ORDER MUHAMMAD…

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