| Citation(s) |
|---|
| 2023 SLG 2248 2023 SLD 2248 2023 YLR 2594 |
Lahore High Court, Multan Bench, Multan
Writ Petition No. 3277 of 2012, heard on 9th December, 2021.Date of hearing: 9th December, 2021.
Before Ch. Muhammad Masood Jahangir, J
Syed Muhammad Ali Gillani for Petitioner. Ahmed Nadeem Gehla, A.A.G. for
Respondent No.1. Syed Riaz-ul-Hassan Gillani for
Respondent No.2.
Writ Petition No. 3277 of 2012, heard on 9th December, 2021.Date of hearing: 9th December, 2021.
Before Ch. Muhammad Masood Jahangir, J
Syed Muhammad Ali Gillani for Petitioner. Ahmed Nadeem Gehla, A.A.G. for
Respondent No.1. Syed Riaz-ul-Hassan Gillani for
Respondent No.2.
SAFDAR ALI---Petitioner
VERSUS
MEMBER (JUDICIAL-III), BOARD OF REVENUE, PUNJAB, LAHORE and another---Respondents
Law:
Section:
Punjab Land Revenue Rules, 1968--- ----Rr. 17 & 22---Notification No. 812-2010/586-C(V)---Headman (Lumberdar), selection of---Appointment Criteria---Hereditary claims---Scope---After the death of the permanent headman (Lumberdar), his son (respondent) continued on the post, however, the concerned district Collector appointed the petitioner as Lumberdar which order was maintained by the Executive District Officer (Revenue)---Member Board of Revenue set-aside concurrent orders of subordinate authorities and appointed the respondent Petitioner invoked constitutional jurisdiction of the High Court against his elimination---Validity---Headman / Lumberdar was an administrative seat of its own class, which post could neither be designated as profession nor against any profit, rather the Headman (Lumberdar) held an honourary post acting as bridge inter se the landowners and Revenue Authorities, therefore, no one could claim his appointment as vested right---It is, in fact, the choice of Revenue Authority to appoint a suitable candidate per yardstick set out in R. 17 of the Punjab Land Revenue Rules, 1968 ( the Rules 1968 ) for discharging the obligations assigned to him in terms of R. 22 of the Rules 1968---Object should be that person best suited for the said post should be committed to enable the Administration, so that command and control over the state land, Exchequer as well as other affairs could be maintained---Rule 17 of the Rules, 1968 stipulated the features to be considered while selecting a suitable candidate for appointment headman (Lumberdar) which (features) still included the hereditary claims (along with other relevant features) and it was sine quo non for the Revenue Authorities to consider the same---Record showed that not only the father of the respondent, but his grandfather too remained Headman (Lumberdar) of the concerned revenue estate, thus Priority No. 1 as per R. 17 of the Rules, 1968 was available to the respondent; and he, after death of his father, remained headman (Lumberdar) for more than thirteen years, which appointment was made as per prevalent policy promulgated via Notification No. 812-2010/586-C(V) which stipulated that the…
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