Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Land Revenue Rules, 1968---.--- ---.---R. 17---.---Constitution of Pakistan, 1973---.---Art. 199---.---Constitutional petition---.---Appointment of permanent lumberdar---.---Controversy of eligibility to be decided according to law while taking into consideration requirements---.---Hereditary claim---.---Personal influence, character, ability and extent of property in estate---.---Validity---.---Appointment of lumberdar is purely an administrative matter and it is obligatory upon revenue hierarchy to appoint a suitable candidate as because office of lumberdar is a link between villagers and administration and suitability or otherwise regarding appointment to offer lies with relevant revenue authorities-M.B.R. had failed to consider qualifications of available candidates as per requirement of Rule 17 and parameters settled---.---Which has rendered impugned orders illegal, unlawful, ultra vires and without jurisdiction and same are amenable by High Court in exercise of writ jurisdiction. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE:---.--- The facts germane for the disposal of the instant Constitutional petition are that Muhammad Jaimal son of Sader Din was Lumberdar of the village Bhagokay Arain, Tehsil Chunain, District Kasur, who was removed from his office by the competent authority/District Collector vide his order dated 22.09.1942. The said vacancy was temporarily filled by the competent authority while appointing Barkhurdar father of Respondent No. 1 as Lumberdar of the said village and on his death the affairs of Lumberdari were handed over to Respondent No. 1 on temporary basis. The revenue hierarchy initiated process for the appointment of Lumberdar and applications were invited from the candidates. Gohar Ali, present petitioner, Muhammad Yousaf, Respondent No. 1 and Muhammad Ibrahim preferred their applications for the said post. The revenue staff right from Naib Tehsildar to Assistant Commissioner had recommended the present petitioner being eligible candidate for the said post. One of the above referred candidates, namely, Muhammad Ibrahim withdrew his application in favour of the petitioner and the District…

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