Law: West Pakistan Land Revenue Rules, 1968

Section: 17(2),(3)

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Land Revenue Rules 1968--- ----R.17(2) & (3)---Constitution of Pakistan, Art.199---Constitutional petition---Lambardar, appointment of---Procedure---Matters to be considered in first appointment---Petitioner challenged orders whereby respondent had been appointed as lambardar---Contention by petitioner was that authorities having recommended his name for appointment as lambardar had illegally appointed the respondent ignoring prescribed procedure regarding appointment---Validity---Respondent had not submitted application for post of lambardar on or before the date of submission of application, rather he had submitted his application after more than two years and six months from expiry of last date for submission of applications---Respondent was minor till last date for submission of application and was not eligible to apply for the post of Lambardar; he was not full time resident of the village for which he had been appointed as lambardar---Respondent had not mentioned cogent and reasonable explanation for submission of application after due date---Authorities had illegally and without any lawful jurisdiction entertained application of respondent after due date, which could not be entertained after expiry of due date---Under R.17(2) and (3) of West Pakistan Land Revenue Rules, 1968, after receiving proposal regarding appointment of lambardar from Tehsildar, Collector would hold Jalsa-e-Aam in revenue estate and submit his report and made recommendations to District Collector who would give opportunity of hearing to all candidates, give his findings on report and recommendations of Collector and then pass orders regarding selection of candidate---Assistant Commissioner after agreeing with proposal and recommendations of Tehsildar would forward case to District Collector for appointment of lambardar who was legally bound to decide matter after considering report and recommendations of Collector---Respondent was appointed in disregard of such legal procedure---Authorities were bound to discharge their duties according to law---Respondent should not have been considered and appointed as lambardar as he was not candidate for post of lambardar…

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