Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)---------Ss. 36 & 164---Appointment of Lambardar---Applications were invited for appointment of substitute Lambardar after the death of the Lambardar---Fifteen candidates applied for the post, but out of them 8 candidates withdrew their applications and only 7 candidates remained in field out of whom four were not summoned---Out of remaining 3 only the respondent was appointed without taking into consideration merits of other two candidates---Non-summoning of candidates who had not withdrawn their candidature and ignoring claim of other candidates without hearing them and without taking into consideration their merits, had militated against requirement of law and justice---Order of Authority appointing, the respondent arbitrarily, , was unlawful and unsustainable, irrespective of the fact whether petitioner had any locus standi in the matter or not---Order was set aside and case was remanded for fresh appointment after inviting applications through proper publicity and after hearing candidates properly looking into merits of their claims. Muhammad Saleem Chaudhary and Mian Muhammad Hanif for Petitioner. Muhammad Hassan and Ch. Ikram-ul-Haq for Respondent No.1. ORDER Facts of the case are that on the death of Sardar Muhammad Dogar the permanent Lambardar of Chak No.519/EB, Tehsil Burewala applications for appointment of a substitute having been invited, piecemeal applications were obtained from the candidates at various stages. Fifteen candidates including respondent Mansab Ali and Muhammad Ashiq son of Jamal. Din (father of the present petitioner) having applied for the post, vide his order, dated 12-2-2002 the DO(R) Vehari appointed' respondent Mansab Ali against the post. The said Muhammad Ashiq having filed an appeal before the EDO(R) Vehari against the order of the DC(R), the case was entrusted by the Member Revenue to the EDO(R) Pakpattan Sharif. Muhammad Ashiq having pied, after hearing his son Arshad Naeem the present petitioner and the other parties. Vide his order dated 21-5-2002 the ED O(R) Pakpattan Sharif dismissed the said appeal with the observations that Mansab Ali had been rightly appointed by the…

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