Law: Constitution of Pakistan, 1973

Section: 4,25,27,36,199

West Pakistan Land Revenue Rules, 1968-- ----Rr. 17 & 19--Constitution of Pakistan, 1973, Arts. 4, 25, 27, 36 & 199--Hereditary claim--Appointment to post of lambardar--Discrimination as to religion and sex--Private respondent was as lambardar on hereditary basis, upon appeal filed by petitioner, appointment was set aside--Respondent filed revision petition before M.B.R., which was allowed and private respondent was so appointed again--Petitioner submitted that impugned orders are against Rule 17 & 19 of Rules 1968--Validity--Appointment of successor lambardar on ground of his proximity of relationship with late lambardar would be valid when there is nothing to indicate any reason which could have disqualified successor lambardar to appointment as successor lambardar and that under Rule 19 of Rules 1968, power of appointment of lambardar is vested in hierarchy of revenue officers created under Land Revenue Act 1967, as revenue officers are better qualified to make choice against a Court of general jurisdiction regarding appointment of lambardar--There shall be no discrimination between citizens of state mere on account of religion--Under Arts. 4, 25, 27 and 36 of Constitution, all citizens are equal before law and cannot be discriminated on basis of religion, sex--Constitution particularly guarantees and safeguards legitimate rights and interests of minorities, including their due representation in federal and provincial services. JUDGMENT By filing the instant writ petition, the petitioner has assailed the legality and propriety of the order dated 15.12.2009, passed by learned Member Judicial-III, Board of Revenue,Punjab Lahore. 2. The pithy facts for fair adjudication of the instant writ petition are that on death of Muhammad Arshad, permanent Lambardar of Chak No. 366/WP, Tehsil Dunyapur, after due process, his son Muzaffar Ahmad Akhtar-Respondent No. 4 (respondent) was appointed Lambardar, whereas the claim of present petitioner was declined vide order dated 25.04.2009, passed by District Officer (Revenue)/District Collector, Lodhran. The petitioner assailed this order by filing appeal before Executive District Officer (Revenue), Lodhran, who…

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