Law: West Pakistan Land Revenue Act, 1967

Section: 38

  West Pakistan Land Revenue Rules, 1968--- ----S. 17---West Pakistan Land Revenue Act (XVII of 1967), S. 38-- Appointment of Lambardar---Out of seven applicants for the post of Lambardar only one of them viz. "GA:" was appointed by the Collector and that appointment was retained by the Commissioner---Two of the applicants went in revision against the order of Commissioner---Board of Revenue in revision remanded the case to Collector for decision afresh---Petitioner "GA." who had been appointed Lambardar by Revenue functionaries below filed Constitutional petition against the decision of Board of Revenue---High Court quashed the orders of Board of Revenue so far as it related to one of the petitioners before Board of Revenue but allowed the remand order of the Board to stand in respect of the other petitioner---Collector instead of summoning only the two contestants remaining in the field summoned every one of the original applicants and appointed the one who was not even a contesting party either before Board of Revenue or the High Court---Commissioner in appeal appointed yet another applicant who was also not a contesting party---Legality---Remand order by a Court could not benefit parties against whom decision of Court still stood, same having not been challenged, and if challenged, party had not succeeded---Of the remaining two contestants, one of them was held to be non-resident of the village by the Collector and same was affirmed by the Commissioner---Petitioner "GA." who had been recommended in earlier round of litigation by the two Courts below thus remained in the field and was appointed as Lambardar. Nemo for Petitioners. Ch. Abdul Sattar Najam and Ch. Nazar Hussain for Respondent. ORDER 1. The incumbent Lambardar Mumtaz Ahmad Awan died on 22-6-1979. The Lambardari before him was also held by an Awan namely Ghulam Muhammad Awan. The following seven persons applied:   Ghulam Abbas. Muhammad Maroof. Allah Ditta Muhammad Fazal. Muhammad Ashraf. Sakhi Ditta. Nazar Muhammad The Collector Vehari on 27-7-1981 appointed Ghulam Abbas as Lambardar. Five persons appealed to the Commissioner, Multan against this…