Case Details

Citation(s)
1961 SLG 1910 1961 SLD 1910 = 1961 PLD 72
West Pakistan
Revision No. 90 of 1959-60,'decided on 7th November 1960, District Multan.
Presented By: Nasir Ahmad, Member Board of Revenue
Kh. Abdur Rahim for Petitioner.   Hasan Akhtar for
Respondent.  

AZIZ-UD-DIN-Petitioner  

VERSUS

  NIAZ MUHAMMAD-Respondent

Law:

Section:

Lambardar-Appointment-Order of Collector may be set aside if it .is nor. reasonable.   ORDER   This case relates to the Lambardari of Patti Daltp Singh Chak No. 135[10-R, District Multan. The Collector appointed Aziz-ud-Din the appellant, but the learned Commissioner on appeal intervened in favour of the respondent Niaz Nfuhammad and set aside the order of the Collector. A second appeal has been preferred by Aziz-ud-Din.   The main point that has been taken up before me is that in accordance with the principles laid down by the Financial Commissioners and- followed by the Board of Revenue the choice of the Collector which was reasonable and appropriate should not have been interfered with by the learned Commissioner. Reliance is placed on Mashir Ali v. Muhammad Chiragh (P L D 1950 Pb. (Rev.) 925) which has formed the basis of a number of subsequent decisions. Maynard, F. C. held in that case that if the Collector exercises his discretion in a reasonable manner taking into consideration all matters which may be regarded as relevant to the suitability of an appointment his decision should be allowed to stand; and the mere fact that the appellate or revising authority takes a different view of the claims of the parties is not a justification for upsetting or revising that decision. That is a sound principle but the learned Commissioner in this case dissented from the Collector's decision on good grounds. He was of the view that the Collector had been unduly biased by one single fact, namely that an adjournment had been obtained by the father of the respondent in a receipt full manner alleging that the respondent was away at Lahore and could not be informed in time of the hearing, while as a matter of fact that very day the respondent who is a military pensioner had drawn his pension at…
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