| Citation(s) |
|---|
| 1962 SLG = 1962 SLD 2563 = 1962 PLD 17 |
West Pakistan
Review Side No. 35 of 1960-61, decided on 6th July 1961, District Montgomery.
Presented By: Nasir Ahmed, Member Board of Revenue
Kh. Abdur Rahim for Petitioner.
Review Side No. 35 of 1960-61, decided on 6th July 1961, District Montgomery.
Presented By: Nasir Ahmed, Member Board of Revenue
Kh. Abdur Rahim for Petitioner.
TAJA-Petitioner
VERSUS
Syed MUHAMMAD HASSAN SHAH-Respondent
Law:
Section:
Lambardar - Creation of new incumbency by: Commis sioner-No limitation on power of Board of Revenue to set aside Commissioner's order. Lambardar-Creation of new post--Residents of village not necessary parties in proceedings for creation of new post. ORDER This is an application for a review of my order dated 3-3-1960 ; by which I had set aside the order of the Commis sioner, Multan Division directing the creation of an additional Lambardari for Chak No. 30-G.B., Tahsil Okara. Two main issues have been raised in this petition : firstly, that the petitioner who is merely one of the residents of the estate in question was a necessary party to the proceedings but he was not impleaded with mala fide motives by the present Lambardar and thus the order passed in revision is ex parte and bad in law. Secondly that the order passed by the Commissioner creating the additional Lambardari is final and is not subject to revision by the Board of Revenue. I will deal with the two points below: - Khawaja Abdur Rahim who has appeared on behalf of the petitioner has not been able to show any law in support of his second contention. He has merely relied on Land Revenue Rule 14, which lays down that once the number of Lambardaris has been fixed additional Lambardaris can only be created by the Commissioner and reduction in Lambardaris can only be carried out under the orders of the Board of Revenue. This rule cannot by any stretch of imagination be construed to mean that the order of the Commissioner is final particularly in view of the general provisions regarding revision contained in section, 16 of…