Case Details

Citation(s)
2011 SLG 1130 2011 SLD 1130 2011 YLR 1056
Lahore High Court
Writ Petition No. 15359 of 2010, decision Dated: 26-10-2010.
SYED AKHLAQ AHMAD, JUSTICE
Petitioner(s) by: Naseer Ahmad Sial

ALLAH DITTA

VS

MEMBER JUDICIAL, B.O.R. AND 4 OTHERS

Law: West Pakistan Land Revenue Rules, 1968

Section: R.17,18(2)(c),19

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Land Revenue Rules, 1968--- ----R. 19---Constitution of Pakistan, Art.199---Constitutional petition---Appointment of lambardar--Petitioner's application challenging the appointment of respondent as lambardar was dismissed by the Executive District Officer, Revenue-Member (Judicial), Board of Revenue dismissed revision filed by petitioner---Petitioner. contended that rule of primogeniture had been declared violative of injunctions of Islam by the Supreme Court of Pakistan---Validity---Controversy of fact had been resolved by forum of exclusive jurisdiction and statutory authorities were not open to question in constitutional jurisdiction of High Court---Objections could not be raised to concurrent findings of fact---Appointment of lambardar was essentially an administrative matter and no one had a vested right to be appointed as lambardar---Rules of appointment of lambardar were of directory in nature to provide guidelines to statutory authorities for selection of the most suitable person as successor lambadar as such authorities had the requisite experience and knowledge for making a suitable choice---Appointment of lambardar could not be challenged in constitutional jurisdiction---Petition was dismissed. PLD 199 SC 484 ref. Muhammad Hussain Munir and others v. Sikandar and others 1974 SCMR 139; Sharaf Din v. Qazi Abdul Jalil and another, 1986 SCMR 1368 and Saleem Akhtar v. Member (Judi-III) of BOR Punjab and others 2003 PSC 405 fol. Masood Ahmad v. Member (Revenue) Board of Revenue and others, 1982 CLC 357 rel. THIS ORDER PASSED BY: SYED AKHLAQ AHMAD, J.- Through this writ, Allah Ditta/petitioner has called in question the orders dated 1-2-2010, 26-10-2005 and 13-8-2004 passed by Member (Judi-II) Board of Revenue Punjab Lahore, Executive District Officer (Revenue) Okara and District Officer (Revenue) Okara respectively. 2. Brief facts of the case are that on the death of Rustam Ali/Lamberdar of Chak No.37-38-A/4-L Tehsil and District Okara, the post of Lamberdar fell vacant. D.O.R Okara invited applications to till up the said post. Reports were also called from the lower hierarchy of the Revenue Department. 14 candidates applied for the post but…
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