| Citation(s) |
|---|
| 2011 SLG 2010 2011 SLD 2010 2011 SCMR 203 |
Supreme Court of Pakistan
Civil Petition No. 2009 of 2010, decision dated: 3rd November, 2010 (On appeal from the judgment/order dated 14-9-2010 passed by Lahore High Court, Lahore in W.P. No. 7005 of 2010)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., TARIQ PERVEZ KHAN AND GHULAM RABBANI, JJ
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Civil Petition No. 2009 of 2010, decision dated: 3rd November, 2010 (On appeal from the judgment/order dated 14-9-2010 passed by Lahore High Court, Lahore in W.P. No. 7005 of 2010)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., TARIQ PERVEZ KHAN AND GHULAM RABBANI, JJ
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ABDUL HANAN
VS
. SAFDAR ALI and others
Law:
Section:
West Pakistan Land Revenue Rules, 1968-------R.17---Application for appointment of lamberdar---Applicant being of age of 18 years, 5 months and 16 days on date of making such application, while he reached to age of 21 years, 6 months and 14 days on date of decision of matter in his favour by Board of Revenue---Validity---Applicant was qualified to be appointed as Lamberdar, in circumstances. Maqbool Ahmed Qureshi v. The Islamic Republic of Pakistan PLD 1999 SC 484 ref. Syed Zafar Ali Shah, Advocate Supreme Court for Petitioner. Rehan-ud-Din Sheikh, Advocate Supreme Court and Mehmood A. Sheikh, Advocate-on-Record for Respondent No. 1. Hafiz Aftab Ahmed, Superintendent for Board of Revenue. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, CJ.-This petition for leave to appeal has been filed against the judgment dated 14-9-2010 passed by Lahore High Court, Lahore whereby Writ Petition filed by respondent No. 1 Safdar Ali has been allowed. 2. Learned counsel appearing for the petitioner contended that on the death of Abdul Mannan, Lamberdar of Chak No.1/1-L, Tehsil Renala Khurd, District Okara, respondent No. 1 Safdar Ali was appointed as Lamberdar on 2-3-2006 by the District Officer (Revenue), which order was challenged by the petitioner before the Executive District Officer (Revenue) in Appeal who vide order dated 21-2-2007 accepted the appeal filed by the petitioner and appointed him as Lamberdar of the Chak. This order was challenged by respondent No.1 in ROA No. 16 of 2007 before the Member, Board of Revenue, who vide judgment dated 26-11-2007, set aside the order dated 21-2-2007 passed by the Executive District Officer (Revenue) and remanded the case to the Executive District Officer (Revenue) for decision afresh. Against this remand order the respondent No.1 preferred a Writ Petition bearing No.1116 of 2008 before the learned High Court, which was decided with the consent of the parties and case was again remanded to the Board of Revenue, as such on 20-3-2010 Board of Revenue decided the matter afresh while holding that the petitioner was entitled to be appointed as Lamberdar of the Chak. By this time, it is stated, petitioner's age was 21 years 6 months and 14 days. Be…
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