| Citation(s) |
|---|
| 2010 SLG 2800 = 2010 SLD 2800 = 2010 MLD 176 |
Lahore High Court
Writ Petition No.6107 of 2009, heard on 23rd June, 2009.
Abdul Sattar Goraya, J
Writ Petition No.6107 of 2009, heard on 23rd June, 2009.
Abdul Sattar Goraya, J
NAZIR AHMAD---Petitioner
VERSUS
NAZIR AHMAD and another--- Respondents
Law:
Section:
ABDUL SATTAR GORAYA, J.---By means of this Constitutional petition, the order, dated 25-3-2009 passed by the learned Member (Judicial-IV) Board of Revenue, has been brought under impeachment. Facts in brief are that petitioner's father namely, Saman Khan was a permanent Lumbardar of Chak No.42/D Tehsil Depalpur District Okara who on 14-11-2006 joined the majority. After his death applications were invited to fill in the post of successor Lumbardar. As many as 42 persons came forward to contest the post. It is stated that only two persons remained in the contest and the remaining withdrew their candidature. The District Collector, Okara vide his order, dated 19-3-2008 appointed the petitioner as permanent Lumbardar and appeal filed against the said order by respondent No. 1 also failed before the learned Executive District Officer (Revenue) on 3-9-2008. Both the orders were challenged in ROR No.1034 of 2008 which was accepted by the learned Member (Judicial-IV), Board of Revenue was upset and instead respondent No.1 was appointed as permanent Lumbardar. Learned counsel for the petitioner bitterly argued that merits of respondent No.1 only have been discussed and case of the petitioner has not been seen and decided within the true spirit of Rule 17 of the Land Revenue Rules. It is stated that the petitioner is the eldest son of the deceased Lambardar and has better experience qua respondent No.1 to run the affairs. It is also stated that respondent No.1 was a defaulter of the Telephone Department and the recovery proceedings have been initiated against him. Learned counsel for respondent No.1 supported the impugned order almost for the same reasons which weighed with the learned respondent No.2. I have heard the learned counsel for both the parties and perused the available record. Initially, the District Collector, Okara appointed the petitioner against the post of Lambardar which had…