Case Details

Citation(s)
2007 SLG 837 2007 SLD 837 2007 CLC 354 2007 PLJ 523
Lahore High Court
Writ Petition No.12174 of 2006, decision dated: 15-11-2006
MUHAMMAD AKHTAR SHABBIR, J

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BASHIR AHMED

VS

MEMBER BOARD OF REVENUE, PUNJAB, LAHORE and 2 others

Law: West Pakistan Land Revenue Rules, 1968

Section: 19,19(1),17

Law: West Pakistan Land Revenue Rules, 1968

Section: 19,19(1),17

(a) West Pakistan Land Revenue Rules, 1968------R. 17---Lambardar, appointment of---Rule of primogeniture, applicability---Such rule being contrary to injunctions of Islam was no more attracted to appointment of successor Lumbardar. (b) West Pakistan Land Revenue Rules, 1968--- ---R. 17---Constitution of Pakistan (1973), Art.199---Constitutional petition---Appointment of lambardar---Law provides that while appointing lambardar competent authority will take into consideration all matters referred in R.17 of the West Pakistan Land Revenue Rules, 1968---Executive District Officer (Revenue) in the present case, had observed that respondent was real son of deceased lambardar and was permanent resident of village concerned hence he was suitable candidate for the vacant post--Such finding was affirmed by Member, Board of Revenue---Concurrent findings of higher revenue hierarchy was in favour of respondent who had been working as Sarbrah lambardar during life time of his deceased father---Appointment of lambardar can only be interfered with by the High Court, in constitutional jurisdiction if there had been any jurisdictional error---Since no such error or legal infirmity had been pointed out appointment of respondent could not be set at naught---Selection of lamberdar being exclusive responsibility of Revenue Officer with the Board of Revenue, High Court in its constitutional jurisdiction would not sit as a Court of Appeal against s passed by such court or a special tribunal having the exclusive jurisdiction. Fateh Masih v. Member, Board of Revenue, Punjab, Lahore 1996 SCMR 377; Haji Noorwar Jan v. Senior Member, Board of Revenue, N.-W.F.P. Peshawar (sic) PLD SC 531; Abdul Karim v. Member, Board of Revenue, Punjab and 2 others 1993 MLD 1628; Muhammad Hussain Munir v. Sikandar and others PLD 1974 SC 139 and Subedar Muhammad Asghar v. Safia Begum PLD 1976 SC 435 rel. Saleem Khan Chichi for Petitioner. ORDER MUHAMMAD AKHTAR SHABBIR, J.--- Facts giving rise to the filing of the present writ petition are to the effect that one Kalay Khan son of Ferore Din, Lumberdar of Village Chak Khoja Tehsil Sialkot has died and the office of headman/Lumberdar fell vacant. The Tehsildar…
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