| Citation(s) |
|---|
| 2021 SLG 1660 2021 SLD 1660 2021 SCMR 1336 |
Supreme Court of Pakistan
Civil Petitions Nos. 2379/2016 and 2826-L/2016, decided on 2nd June, 2021, Date of hearing: 3rd June, 2021. (Against the consoli Dated judgment Dated 14.6.2016 passed by the Lahore High Court Lahore in W.P. No. 34259 of 2014)
IJAZ UL AHSAN, JUSTICE, SAJJAD ALI SHAH, JUSTICE
Tariq Mahmood, Senior Advocate Supreme Court for Petitioners (in C.P. No. 2379 of 2016). Malik Amjad Pervaiz, Advocate Supreme Court for Petitioners (in C.P. No. 2826-L of 2016). Mazhar Iqbal Sindhu, Advocate Supreme Court and Malik Amjad Pervaiz, Advoc
Civil Petitions Nos. 2379/2016 and 2826-L/2016, decided on 2nd June, 2021, Date of hearing: 3rd June, 2021. (Against the consoli Dated judgment Dated 14.6.2016 passed by the Lahore High Court Lahore in W.P. No. 34259 of 2014)
IJAZ UL AHSAN, JUSTICE, SAJJAD ALI SHAH, JUSTICE
Tariq Mahmood, Senior Advocate Supreme Court for Petitioners (in C.P. No. 2379 of 2016). Malik Amjad Pervaiz, Advocate Supreme Court for Petitioners (in C.P. No. 2826-L of 2016). Mazhar Iqbal Sindhu, Advocate Supreme Court and Malik Amjad Pervaiz, Advoc
SOHAIL AHMED AND ANOTHERS
VS
HAJI SHAFQAT ALI AND OTHERS
Law: Punjab Land Revenue Act, 1967
Section: 17
Law: Punjab Land Revenue Rules, 1968
Section: 17
(a) Punjab Land Revenue Rules, 1968--- ----R. 17--Lambardar, appointment of---Process of appointment lacking bona fides---Record showed that there were only two contenting candidates for the position of Lambardar; one from the Chak for which the Lambardar was required to be appointed and the second candidate i.e. the petitioner, who was from a different Chak and was facing criminal cases---Further it was not clear from the record as to whether both the Chaks shared common boundaries---Candidate who appeared to be more suitable for the position being from the same Chak and having land holding therein not only surreptitiously withdrew from the contest but transferred some of his holdings in favour of the petitioner entitling him for the post---Moreover address of the petitioner given in the memo of the present petition demonstrated that even till date the petitioner was a non-resident of the Chak for which the Lambardar was required on basis of which the respondent argued that petitioner was an absentee Lambardar---In the present case, the intrigue appointment of petitioner with no contesting candidate from the village and suppression of the fact that the father of the respondent had been performing the duties of Lambardar for quite some time after the death of the regular Lambardar showed lack of bona fides on part of the petitioner---High Court had rightly set aside the appointment of petitioner as Lambardar and directed initiation of fresh process of appointment---Petition for leave to appeal was dismissed and leave was refused. (b) Punjab Land Revenue Rules, 1968--- ----R. 17---Lambardar, appointment of---Eligibility of candidate---In view of the duties a Lambardar was supposed to perform, it was necessary that he should be present at all times in the village or Chak for which he was appointed so that he could discharge his functions efficiently, adequately and properly---However, it did not mean that appointment of a Lambardar from a village which shared common boundaries with the village for which a Lambardar was to be appointed, be outrightly ruled out, in case the candidate otherwise qualified by virtue of his interest by way of holding or otherwise.…
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