| Citation(s) |
|---|
| 1992 SLD 802 = 1992 CLC 1353 |
Board of Revenue, Punjab
Presented By: Before Hafeezullah Ishaq, Member (Revenue) MUHAMAD SHABBIR---Petitioner versus INAYAT ALI --- Respondent
Khalid Farooq Qureshi for Petitioner (in R.O.R.1953 of 1987). Zahid Hussain Khan for Petitioner (in R.O.R. 1994 of 1987). Agha Taj Muhammad for
Respondent (in both Petitions).
Presented By: Before Hafeezullah Ishaq, Member (Revenue) MUHAMAD SHABBIR---Petitioner versus INAYAT ALI --- Respondent
Khalid Farooq Qureshi for Petitioner (in R.O.R.1953 of 1987). Zahid Hussain Khan for Petitioner (in R.O.R. 1994 of 1987). Agha Taj Muhammad for
Respondent (in both Petitions).
R.O.Rs. Nos. 1953 and 1994 of 1987, decided on 22nd April, 1991.
Law:
Section:
West Pakistan Land Revenue Rules. 1968--- --R. 17---Appointment of Lambardar---All points and. pleas raised had comprehensively been dealt with by Commissioner in appeal---Petitioner belonged t minor itv community owning a fractional share of land, while respondent belonged to majority community owning substantial land in estate---Reports f field staff in favour of minority candidate did not bind Collector---There being no illegality or irregularity or impropriety in concurrent findings of Courts below, same was maintained. Khalid Farooq Qureshi for Petitioner (in R.O.R.1953 of 1987). Zahid Hussain Khan for Petitioner (in R.O.R. 1994 of 1987). Agha Taj Muhammad for Respondent (in both Petitions). ORDER The facts relevant for the disposal of these cases are that one Rehmat Ullah Lambardar of Chak No. 61/DB, Tehsil Kalur Kot died. Besides Muhammad Rafiq, the present parties; applied for the said post. A report regarding the merits of all the contesting candidates was called for from Revenue officer who recommended Muhammad Shabbir son of the late Lambardar for the post of Lambardari whereas the AC/Collector appointed the respondent as Lambardar of the Chak. The petitioners filed two separate appeals before the Commissioner but failed. Hence these revision petitions under section 164 of West Pakistan Land Revenue Act, 1967. This single order shall dispose of these two revision petitions as the cases are interconnected. The learned counsel for Ch. Masud Ahmad, petitioner, contended that the petitioner was on better footing in every respect than the respondent in so far as he is more educated, has more property, had served the Government for 12 years, had experience of 7 years of working as a temporary Lambardar and has been living in the village all through. There was no complaint against him and the respondent was never recommended by the field staff and was therefore erroneously appointed as a Lambardar. The learned counsel for Muhammad Shabbir, petitioner, contended, that Muhammad Shabbir was the son of the late Lambardar and mere pendency of proceedings against the father Rehmat Ullah should not have been taken into consideration in rejecting his…