| Citation(s) |
|---|
| 2003 SLG 364 = 2003 SLD 364 = 2003 MLD 157 |
Lahore High Court
Writ Petition No.9099 and 10044 of 2001, heard on 24th April, 2002
Presented By: Abdul Shakoor Paracha, J
Ch. Hassan Ali Khan and Ch. Imitaz Elahi,. A.A.-G. for
Respondents.
Writ Petition No.9099 and 10044 of 2001, heard on 24th April, 2002
Presented By: Abdul Shakoor Paracha, J
Ch. Hassan Ali Khan and Ch. Imitaz Elahi,. A.A.-G. for
Respondents.
MUHAMMAD AFZAL---Petitioner
VERSUS
SENIOR MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and 6 others---Respondents
Law:
Section:
(a) West Pakistan Land Revenue Rules, 1968--- ----Rr. 17 & 19(2)---Appointment of Lambardar-Succession --- Rule of primogeniture was not based on the principle of right of inheritance-- Succession in appointment of Lambardar could not be claimed as in an inherited property. (b) Word and phrases--- ----"Primogeniture"---Meaning. Encyclopeadia Britannica, 11th Edn.; Biographical Dictionary and 49 Corpus Juris rel. (c) West Pakistan Land Revenue Rules, 1968--- ---Rr.17 & 19(2)---Appointment of Lambardar---Choice of successor Lambardar---Contest between sons of deceased Lambardar---Son of deceased Lambardar, whether minor or major for purposes of R. 19(2) of West Pakistan Land Revenue Rules, 1968, could have claimed appointment of Lambardar, but such rule was against Injunctions of Islam (PLD 1999 SC 484)---Concerned Authorities were the best Judges under law to consider suitability of candidates for appointment of Lambardar---Commissioner in such case being the Competent Authority on Revenue side had considered case of younger son of deceased Lambardar (respondent) vis-a-vis his elder son (petitioner) and other contesting candidates---Respondent having better qualification being Matric and of 40 years of age had been found a suitable candidate to be appointed as Lambardar---Final order of Board of Revenue was also in favour of the respondent---High Court declined to interfere in exercise of its Constitutional jurisdiction with well-reasoned and well-considered order passed by Commissioner and Board of Revenue and dismissed Constitutional petition in circumstances. Shaukat Ali and another v. Muhammad Shafi and 2 others 1991 SCMR 1504; Ghulam Hussain v. Ghulam Muhammad and another 1976 SCMR 75 and Maqbool Ahmad Qureshi v. The Islamic Republic of Pakistan PLD 1999 SC 484 ref. (d) West Pakistan Land Revenue Rules, 1968--- ----R.17---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Suitability or non-suitability of a candidate to be appointed as Lambardar---Findings of Appellate and Revisional Authorities in that regard---Not questionable before High Court in exercise…