Law:

Section:

West Pakistan Land Revenue Rules, 1968- -- R. 19 (2) (a)-Lambardar, appointment of----Rule 19 is merely, directory and providing guideline for choice of successor Lam­bardar--Does not confer any right-Fitness of candidate-Primarily a subjective process --Opinion of appointing authority--Crucial factor. Appointment rests in discretion of graded hierarchy of Revenue Officers-Such officers in view of their experience and training better qualified to make choice than Courts of general jurisdiction-Case of appointment as lambardar--Not to be approached like those of disputes relating to property or franchise-Contention that petitioner being nearer consanguine relation as compared to respondent was "nearest eligible heir" and as such had referential claim to appoint­ment, held, misconceived. ORDER MUHAMMAD GUL. J.-This petition is from the judgment of the Lahore High Court dated 1'.1-1975 dismissing in limine writ petition filed by the petitioner herein in relation to the appointment of Lambardar of Chak No. 191/R. B. Tehsil and District Lyallpur under rule 19 of the Land Revenue Rules. The facts briefly are that the petitioner was initially appointed Lambardar of the Chak by the Collector in a vacancy caused by the removal of the previous incumbent. On appeal by respondent to the Commissioner the petitioner's appointment was set aside by the Commissioner and respondent was appointed in his stead. However, on revision by the petitioner the order of the Collector was restored by a learned Member Board of Revenue vide order dated 19-5-1971 and the petitioner was re­appointed. The respondent later moved an application for review which was heard by the successor Member Board of Revenue who vide order dated 6- 1-1975 reversed the order of his predecessor and restored that of the Commis­sioner appointing the respondent as Lambardar. The petitioner then challenged the: order in review by the learned Member Board of Revenue in writ jurisdiction of the High Court on the ground that the Board of Revenue cannot review its own order under section 163 of the West Pakistan Land Revenue Act 1969 and that in any event the order in review was in excess of the jurisdiction it any of…

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