Case Details

Citation(s)
2018 SLG 48 2018 SLD 48 2018 PLJ 119
Lahore High Court
W.P. No. 5424 of 2005, decided on 7.4.2015. Date of hearing: 7.4.2015.
AMIN-UD-DIN KHAN, JUSTICE
Rao Riyasat Ali Khan, Advocate for Petitioner. c, AAG for
Respondent. Mr.Muhammad Jaffar Tayyar, Advocate for
Respondent No. 4.

MUHAMMAD SHARIF

VS

MEMBER (JUDL.II) BOR, PUNJAB, LAHORE AND 4 OTHERS

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Appointment of Lambardar--District officer Revenue appointed respondent as permanent Lambardar on death of previous Lambardar, who was father of respondent--Petitioner was also contestant--He filed appeal which was dismissed--Basic thrust of arguments of counsel for petitioner was that ownership of land of respondent is very small, therefore, his appointment is not correct as in case of any embezzlement in land revenue collected by Lumbardar if he does not deposit same in government treasury; for recovery of any such arrears his ownership is inefficient--When questioned to counsel that when respondent was appointed as Lumbardar, whether there is any complaint about fulfillment of duty against him, answer is in negative--In above circumstances, when it is prerogative of revenue hierarchy to appoint any one as a Lumbardar as Lumbardar has to act in aid of revenue officials--There are orders of three forums in favour of respondent, for last twelve years he is working as Lumbardar and there is no complaint against him--AAG also supports decisions of forums below--In above circumstances and attitude of counsel appearing on behalf of petitioner, noted supra, no case for interference under Article 199 of Constitution of Islamic Republic of Pakistan, 1973, in orders passed by revenue authorities has been made out, therefore, petition was dismissed. ORDER Through this writ petition, the petitioner has challenged the order dated 1.2.2005, passed by the Member (Judicial-II), Board of Revenue, Punjab, order dated 14.04.2004, passed by the Executive District Officer (Revenue), Vehari, as well as order dated 26.08.2003, passed by the District Officer (Revenue), Vehari. The District Officer (Revenue) Vehari, appointed Respondent No. 4 as permanent Lumbardar on the death of previous Lumbardar, who was father of Respondent No. 4. Petitioner was also contestant. He filed an appeal before the Executive District Officer (Revenue), Vehari, which was dismissed on 14.04.2004. The matter was agitated before the Board of Revenue through ROR No. 1039 of 2004, which was…
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