| Citation(s) |
|---|
| 2010 SLG 2586 = 2010 SLD 2586 = 2010 YLR 1757 |
Lahore High Court
Writ Petition No.3407 of 2009, decided on 15th February, 2010.
Presented By: Hafiz Abdul Rehman Ansari, J
Writ Petition No.3407 of 2009, decided on 15th February, 2010.
Presented By: Hafiz Abdul Rehman Ansari, J
ABID KHAN---Petitioner
VERSUS
MEMBER JUDICIAL-I, BOARD OF REVENUE PUNJAB, LAHORE and another---Respondents
Law:
Section:
West Pakistan Board of Revenue Act (XI of 1957)--- ----S. 8---West Pakistan Land Revenue Rules, 1968, R.19---Constitution of Pakistan (1973), Art.199---Constitutional Petition---Petitioner had assailed respondent's appointment as lambardar before Executive District Officer, Revenue, who set aside the order of District Officer, Revenue and appointed the petitioner as lambardar instead of respondent---Member, Board of Revenue, also dismissed the revision petition of respondent and upheld the order of Executive District Officer, therefore, respondent filed a review application which was accepted by the successor Member, Board of Revenue, who set aside the order of his predecessor and restored the order of District Officer, whereby respondent was appointed lambardar---Petitioner contended that the revision petition by respondent had become time-barred and respondent had failed to point out any error in the order of predecessor Member---Petitioner further contended that despite the fact that the review petition had become time-barred, the successor Member did not advert to the question of limitation---Validity---Respondent was not a permanent resident of the estate---Executive District Officer, Revenue, appointed petitioner as lambardar on merit---Order passed by predecessor Member was held to be mechanical for not assigning any reason for upholding the order of Executive District Officer, Revenue and not applying his judicial mind to the facts of the case---Order passed by the successor Member was also held to be a mechanical order as the member neither pointed out any illegality or mistake in the order subject of review nor he dealt with the question of limitation in his reply and parawise comments filed in the present constitutional petition---Orders of both Members were set aside and case was remanded to Senior Member, Board of Revenue, to be decided afresh---Order of Executive District Officer, Revenue, was to hold the field till de novo decision of the case. Muhammad Ashraf v. Dost Muhammad 1981 SCMR 383; Muhammad Amin and 7 others v. Member Consolidation, Board of Revenue, Punjab and 3 others 1992 CLC 2338; Nasim Ahmad Kharal and 4 others v. Board of…