| Citation(s) |
|---|
| 2017 SLG 2287 2017 SLD 2287 2017 CLC 1478 |
Board of Revenue, Punjab
R.O.A. No. 63 and R.O.R. No. 1060 of 2014, decision Dated: 26-05-2016. Hearing Date : 12-4-2016.
NAYYAR MAHMOOD, MEMBER (JUDICIAL-VII)
Mian Muhammad Siddique Kamiana for Appellant (in R.O.A. No. 63 of 2014) and for
Respondent No. 2 (in R.O.R. No. 1060 of 2014). Ch. Muhammad Naseer for Petitioner (in R.O.R. No. 1060 of 2014) and for
Respondent (in R.O.A No. 63 of 2014).
R.O.A. No. 63 and R.O.R. No. 1060 of 2014, decision Dated: 26-05-2016. Hearing Date : 12-4-2016.
NAYYAR MAHMOOD, MEMBER (JUDICIAL-VII)
Mian Muhammad Siddique Kamiana for Appellant (in R.O.A. No. 63 of 2014) and for
Respondent No. 2 (in R.O.R. No. 1060 of 2014). Ch. Muhammad Naseer for Petitioner (in R.O.R. No. 1060 of 2014) and for
Respondent (in R.O.A No. 63 of 2014).
MIAN NAZIR AHMAD WATTOO AND OTHERS
VS
MIAN MAQSOOD AHMAD AND OTHERS
Law:
Section:
Punjab Land Revenue Act (XVII of 1967)--- ----Ss. 36 & 161---Punjab Land Revenue Rules, 1968, Rr.16 & 17---Lambardar, appointment of---Requirements---Additional post of lambardar was created without valid administrative justification, despite there was a sitting Lambardar---Validity---Simple statement that creation of post of additional lambardar was in the "interest of public service" was not enough---When it was essential to create an additional post of lambardar in the relevant chak, it was mandatory to hear the view point of sitting lambardar, which was not done---Appointment on newly created post of additional lambardar was made on the first date of hearing by District Director on the basis of ex parte reports of the field Formation---Creation of additional post of lambardar was not justified as appointment was made in violation of R.17 of Punjab Land Revenue Rules, 1968 in a slipshod manner, which rendered the whole process as doubtful and without legal force---Post of additional lambdardar was not to be processed on applications of interested parties, or residents of Deh, as it was rather an administrative arrangement which was to be initiated by the District administration strictly on need basis---Creation of post of lambardar and appointment, were illegal and were set aside accordingly. THIS ORDER PASSED BY: NAYYAR MAHMOOD, MEMBER (JUDICIAL-VII).--- Through this single order both afore-mentioned appeal and revision are being decided simultaneously because arguments, impugned orders, facts, purpose and law points involved are identical. Mian Nazir Ahmad Wattoo, appellant has filed R.O.A. # 63/2014 under section 161 of the Land Revenue Act, 1967 while Mian Maqsood Ahmad has filed R.O.R. # 1060/2014 under section 164 of the Land Revenue Act, 1967. Both appellant and petitioner have challenged single order dated 09.06.2014, whereby the learned Additional Commissioner (Revenue), Sahiwal Division, Sahiwal partially accepted appeal of Mian Nazir Ahmad Wattoo against the order of the then District Officer (Revenue)/District Collector, Pakpattan. 2. Briefly stated, the facts involved are that for creation of additional post of Lambardar in Chak No.…
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