| Citation(s) |
|---|
| 2010 SLG 2357 2010 SLD 2357 2010 CLC 1963 |
Lahore High Court
MIAN SHAHID IQBAL, J
Mian Shahzad Siraj for Petitioner
MIAN SHAHID IQBAL, J
Mian Shahzad Siraj for Petitioner
MUHAMMAD ASLAM-
VS
SENIOR MEMBER, BOARD OF REVENUE, PUNJAB, and 4 others
Law:
Section:
(a) West Pakistan Land Revenue Rules, 1968--- ----R.17---Lumberdar, appointment of---Scope---Such appointment is not a vested right and it cannot be claimed as such. Muhammad Afzal v. Senior Member, Board of Revenue, Punjab, Lahore and 6 others 2003 MLD 157 and Abdul Wahid v. The Member, Board of Revenue, Punjab, Lahore and another 1971 SCMR 719 rel. (b) West Pakistan Land Revenue Rules, 1968--- ----R.17---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Lumberdar, appointment of---Criteria---Recommendations of revenue authorities---Petitioner was aggrieved of the appointment of respondent as Lumberdar by revenue authorities---Validity---Patwari and revenue hierarchy who had recommended the name of person so making him entitled to be appointed for the post were the best neutral official functionaries to make the recommendations---Reasons weighed with accepting recommendations were that father of respondent was earlier a Lumberdar in the Patti and he had good interaction with government officials concerned in the revenue estate unless and until they did not have good understanding with each other, the interest of government could not be properly served---Other consideration weighed before revenue authorities was that respondent belonged to majority community as such in order to keep a better harmony and. good relation, so keeping in view the interest of government and link with populace, the respondent was appointed---Authorities had properly applied the provisions of R.17 of West Pakistan Land Revenue Rules, 1968, and coda[ formalities were met, therefore, in absence of any illegality, infirmity or jurisdictional error, High Court declined to interfere in the appointment of respondent as Lumberdar---Petition was dismissed in circumstances. Maqbool Ahmad Qureshi v. The Islamic Republic of Pakistan, PLD 1999 SC 484 and Nazar Hussain and others v. The State and others 2005 CLC 1228 distinguished. Abdul Ghafoor and another v. Akbar Ali 1992 CLC 617; Subedar (Rtd.) Muhammad Ali v. Muhammad Anwar and 3 others 1985 CLC 668; Ilam Din v. Dost Muhammad 1992 CLC 1630 and Abdul Karim v. Member, Board of Revenue, Punjab and 2 others 1993 MLD 1628 rel.…
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