| Citation(s) |
|---|
| 1982 SLG 196 1982 SLD 196 1982 SCMR 202 |
Supreme Court of Pakistan
Civil Appeal No. 13 of 1973, decision dated: 26th October 1981.(Against the judgment of the Lahore High Court dated, 29-4-1971, passed in Writ Petition No. 452 of 1971)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND ABDUL KADIR SHAIKH, JJ
Sh. Abdul Karim, Advocate-on-Record for Appellant. Malik Talib Hussain, Advocate Supreme Court for
Respondents.
Civil Appeal No. 13 of 1973, decision dated: 26th October 1981.(Against the judgment of the Lahore High Court dated, 29-4-1971, passed in Writ Petition No. 452 of 1971)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND ABDUL KADIR SHAIKH, JJ
Sh. Abdul Karim, Advocate-on-Record for Appellant. Malik Talib Hussain, Advocate Supreme Court for
Respondents.
ABDUL GHAFOOR
VS
THE MEMBER (REVENUE) BOARD OF REVENUE AND ANOTHER
Law:
Section:
West Pakistan Land Revenue Act (XVII of 1967)-----S. 36-Lambardar, appointment of-No one has a vested right to be appointed as Lambardar-Relevant authorities to select persons best suited for purpose with a view to facilitate performance of administrative functions of Lambardar-All competent authorities on revenue side, after considering merits of both sides ultimately selecting respondent for such office, High Court, held, justified in observing that even if final order of Board of Revenue be assumed to be erroneous same could not be interfered with in exercise of writ jurisdiction by High Court-Constitution of Pakistan (1973), Arts. 199 & 185(3). ORDER ASLAM RIAZ HUSSAIN, J.-This appeal is directed against the judgment of a Division Bench of the Lahore High Court dated 29-4-1971 dismissing the petitioner's writ petition in limine., 2. The facts leading to the present appeal are briefly that Abdul Ghafoor -petitioner, Nawab Khan respondent and 3 others applied for being appointed as Lambardar of Chak No. 329/W. B. Tehsil Lodhran, District Multan. The Collector, Multan by his order dated 25-11-1969 appointed Nawab Khan as Lambardar on the ground that he has been holding Dhal Bachh of the estate for the last 18 years and his performance during this period has been satisfactory. Against this order Abdul Ghafoor (petitioner) preferred an appeal under the West Pakistan Land Revenue Act, 1967, before the Commissioner, Multan Division. The appeal was accepted by the Commissioner vide order dated 2-3-1970 on the ground that Abdul Ghafoor had more land and has rendered service to the Government. Being aggrieved by the order of the Commissioner, Nawab Khan (respondent) filed a revision petition before the Board of Revenue, Punjab, Lahore but the same was dismissed by S. A. M. Khan, Member Board of Revenue vide order dated 1-4-1970. Nawab Khan, thereafter sought review of the order passed by the Member Board of Revenue in revision but it was dismissed in limine vide order dated 1-5-1970. The respondent then filed a second review petition. After considering the merits of both the candidates the learned Member accepted the same holding that comparison showed that…
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