| Citation(s) |
|---|
| 2015 SLG 2758 2015 SLD 2758 2015 PLJ 84 |
Lahore High Court
W.P. No. 12381 of 2011, decided on 24.4.2014.
MAHMOOD AHMAD BHATTI, J.
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W.P. No. 12381 of 2011, decided on 24.4.2014.
MAHMOOD AHMAD BHATTI, J.
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GHULAM NABI (JUDICIALII) PUNJAB, Lahore and 3 otherser
VS
MEMBER BOARD OF REVENUE (JUDICIALII) PUNJAB, Lahore and 3 others--Respondents
Law:
Section:
Land Revenue Rules, 1967 (XVII of 1967)-- ----R. 17--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Appointment of lambardar--Validity of order--Order passed by District Officer whereby he ordered appointment of petitioner as Headman/Lambardar was a speaking one--He assigned valid and cogent reasons in support of his order--While passing order, he had not only in his mind Rule 17 of W.P. Land Revenue Rules, 1967 but he also took pains to evaluate credentials and antecedents of two contestants for village Headman/Lambardar--He took into consideration each and every aspect, which could have a bearing on final outcome of exercise carried out by him--While passing such arbitrary orders, they forget that under Art. 4 of Constitution, it is inalienable right of every citizen to be treated in accordance with law--If law of land confers discretion upon an authority, same is to be exercised justly, honestly, equitably, based on sound judicial principles. Order Through his petition, the petitioner has impugned the validity of the orders dated 13.4.2010 and 17.8.2011 passed by E.D.O.(R), Khanewal and Member, (Judl.-II), Board of Revenue, Punjab, Lahore, respectively whereby the revision petition of Muhammad Arshad, Respondent No. 3 was allowed, which order in turn was upheld by the Board of Revenue, Punjab, Lahore. 2. The facts, in brief, are that upon the demise of Muhammad Yaqoob son of Muhammad Bakhsh, permanent Headman/Lambardar of Chak No. 507/EB, Tehsil Burewala, District Vehari, this post fell vacant. District Officer (R) initiated the process to fill the slot. He called for the reports from the field staff. At the end of the day, he appointed Ghulam Nabi, the petitioner herein a Headman/Lambardar of the said village vide order dated 20.1.2009. Feeling aggrieved, Muhammad Arshad, Respondent No. 3 herein filed a revision petition before E.D.O.(R), Vehari. However, due to a transfer order passed by Board of Revenue, Punjab, Lahore the same was finally heard and decided by Executive District Officer (R), Khanewal, who allowed the same vide order dated 13.4.2010. Now it was the turn of the petitioner herein to approach Member, Board of Revenue,…
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