Law:

Section:

West Pakistan Land Revenue Rules, 1968--R. 19(2)---Constitution of Pakistan (1973), Art.185(3)---Appointment of Lambardar in terms of R.19(2), West Pakistan Land Revenue Rules, 1968--­Petitioner claimed that although matter of appointment of Lambardar .was covered by R.19, West Pakistan Land Revenue Rules, 1968, yet such rule is not mandatory but directory in nature, therefore, Revenue Authorities were not precluded from taking into consideration factors such as proprietary holding and education of contestants for adjudging their suitability for the office and that petitioner being Matriculate and owner of substantial land in estate and belonging to majority community of Jai, which owns approximately 3/4th of the Patti was more suitable than respondent who was absolutely illiterate person, owning lesser holding and belonging to minority community---Leave to appeal was granted to examine whether in case covered by R.19(2), West Pakistan Land Revenue Rules, 1968, factors such as proprietary holding, education and influence in the estate of rival contestants for office of Lambardar could be taken into consideration. Ch. Muhammad Ashraf Wahlah, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 25th October, 1995. ORDER ZIA MAHMOOD MIRZA, J.--This is a petition for leave to appeal against the judgment of the Lahore High Court, Multan Bench dated 29-3-1994 dismissing the petitioner's writ petition directed against the order of the Member, Board of Revenue 'dated 24-6-1992 whereby appointment of Elahi Bakhsh respondent as Lambardar was upheld. 2. Facts relevant for the disposal of this petition, briefly stated, are that one Sohanra was a permanent Lambardar of village Wahi Qazi Abul Khair, Tehsil (now district) Lodhran. He transferred his entire land in favour of his sons and became landless with the result that he was removed from the office of Lambardar. Thereafter, the question of appointment of Lambardar was taken up by the authorities and the contest was ultimately confined between Younas, the present petitioner and Elahi Bakhsh, respondent No.2, the eldest son of Sohanra (removed Lambardar).…

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