Law:

Section:

Keywords: Division, Set Aside, Jurisdiction, Discretion, Order, Lambardar, Board Of Revenue, Proceedings, Orders, Parties, Disposed Of, Petitioner, Relief, Impugned Order, Additional Post Of Lambardar, Land Revenue, High Court, Petition, Grievance, Costs, Land, Appointment JUDGMENT FAZL-I-MAHMOOD, J.-This writ petition is directed against the order of Member, Board of Revenue dated 30.12.1985 passed in review jurisdiction under section 8 of the West Pakistan Board of Revenue Act, 1957. 2. In the matter of appointment of Lambardars the High Court normally does not interfere as this primarily is a matter falling within their discretionary field. The present case is being argued purely on a jurisdictional ground rather than the Question of exercise of discretion to appoint or not to appoint a person as a Lambardar for revenue land collection on the basis of several criteria laid down by the Land Revenue Act and the Rules. The learned counsel elaborates that in view of peculiar facts and circumstances of this case, a writ would lie to interfere with excess and assumption of jurisdiction. He submits that by the order of the Member, Board of Revenue in revision dated 20.3.1983, the petitioner's appointment as Lambardar had been upheld and the learned Member, Board of Revenue had refused to interfere with the concurrent findings of the tribunals below. Against this order, Haji Ilam Din filed a review petition before the Member, Board of Revenue, who while accepting the same recorded the finding that Haji Ilam Din had preferential right of primogeniture which seemingly was overlooked when the case was considered by the predecessor Member Board of Revenue. It has been further held by the learned Member, Board of Revenue in review that the check had an area of 40 squares and needed an additional post of Lambardar, particularly in view of the sharp division of the community into tribes of Jats and Baluchs. In view of these considerations, it was ordered that the village should be sub-divided into to pattis; one for Jats and other for Baluchs. Haji Ilam Din, who is respondent in this writ petition was appointed as Lambardar for the Patti of Jats. The second post of…

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