Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185(3)--Punjab Land Revenue Act (XVII of 1887), S. 28--Leave to appeal granted to consider inter alia whether Additional Commissioner was competent to create a second post of a Lambardar in an estate, when, under orders pertaining to distribution of work, Lambardari cases were to be dealt with by Commissioner. (b) Punjab Land Revenue Act (XVII of 1887)- ---S. 28--Duties to be performed by Additional Commissioner--Creating of additional post of Lambardar, held, clearly fell within functions delegated to Additional Commissioner under distribution of work--Question whether said matter fell within duties to be performed by Additional Commissioner, though was a question of fact, since findings reached thereon were not in accord with relevant material, such findings were, therefore, liable to interference by Court. JUDGMENT M.S.H. QURAISHI, J.--This appeal by leave of the Court is directed against the judgment of the Lahore High Court, dated 16-5-1983 dismissing the appellant's writ petition concerning the creation of and appointment of the appellant thereto, a second post of Lambardar in Chak No. 132/9-L, Tehsil and District Sahiwal. 2. The said second post had been created by the Additional Commissioner, Multan, on 16-5-1967 on the recommendation of the Deputy Commissioner, Sahiwal, whereafter the Deputy Commissioner had, by order, dated 26-6-1967, appointed the appellant to the post. However, on appeal by Ghulam Haider respondent No. 3, a right-holder in the village, the Commissioner, Multan Division, vide order, dated 23-1-1968, held that according to the distribution of duties, the Lambardari cases were to be dealt With by the Commissioner and not by the Additional Commissioner. He, therefore, "reviewed" the order, dated 16-5-1967 and decided 'that he would take up the Deputy Commissioner's proposal de novo. This order was maintained by a learned Member, Board of Revenue, on 3-7-1969, Who rejected the appellant's revision. Aggrieved, the 'appellant invoked the constitutional jurisdiction of the High Court. The view taken that Lambardari cases, according to the prevalent distribution of work, were to be handled by the…

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