Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 164

Law: Constitution of Pakistan, 1973

Section: 199

Law: West Pakistan Land Revenue Rules, 1968

Section: 17

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 164---West Pakistan Land Revenue Rules, 1968, R.17---Constitution of Pakistan, Art.199---Constitutional petition--Appointment of lambardar---Petitioner had challenged the denial of his appointment as lambardar---Contention of petitioner was that he was eligible for the said post on the basis of hereditary claim as his father was a permanent lambardar---Record revealed that petitioner had abandoned his residence and had shifted from the relevant area and had sold his entire land and was no more landowner in the area---Contentions raised by petitioner had already been decided by the revenue hierarchy which could not be agitated in the constitutional jurisdiction of High Court---Constitutional petition was dismissed by High Court. PLD 1966 (W.P.) Lah. 53; 1989 SCMR 614 and 1988 SCMR 484 ref. (b) West Pakistan Land Revenue Rules, 1968--- ----R. 17---Appointment of lambardar---Rule of primogeniture was against the Injunctions of Islam. JUDGMENT CH. MUHAMMAD TARIQ, J.-- The instant writ petition has been directed against order dated 6-3-2010 passed by the Full Board of Revenue of Punjab who dismissed the second revision petition and maintained the order dated 14.12.2009 passed in review petition by Member (Judicial-II), Board of Revenue, Punjab. Lahore. 2. Brief facts of the case as mentioned in the writ petition are that father of the petitioner namely Lt.-Col. (R.) Muhammad Akram Khan was the Lumberdar of Chak No.118/NB, Tehsil Sillanvvali, District Sargodha who died on 24-1-2002. On the death of Lumberdar, the Revenue Officer sent his recommendation to the District Officer (Revenue) for the appointment of new Lumberdar who vide order dated 11-12-2002 appointed the petitioner as Lumberdar. Feeling aggrieved, respondent No.5 filed appeal before the Executive District Officer (Revenue), Sargodha who vide order dated 4-3-2004 accepted the appeal, set aside the order of District Officer (Revenue), Sargodha and appointed respondent No.5 as Lumberdar. 3. Being dissatisfied, the petitioner filed revision petition before the Board of Revenue Punjab, Lahore which was accepted on 24-2-2005 by learned Member…

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