| Citation(s) |
|---|
| 2010 SLG 396 2010 SLD 396 2010 CLC 342 |
Lahore High Court
Writ Petition No.12875 of 2000, heard on 29-04-2009
CH. NAEEM MASOOD, J
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Writ Petition No.12875 of 2000, heard on 29-04-2009
CH. NAEEM MASOOD, J
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MUHAMMAD SIDDIQ and 10 otherss
VS
MEMBER (JUDICIALII) BOARD OF REVENUE, PUNJAB, LAHORE and 4 others
Law: West Pakistan Land Revenue Rules, 1968
Section: 19,17,18,16
Law: West Pakistan Land Revenue Rules, 1968
Section: 19,17,18,16
West Pakistan Land Revenue Rules, 1968-------R. 19---Lambardar appointment of---Abandonment of such post by sitting Lambardar in favour of his son---Validity---Such post was not personal ownership of sitting Lambardar---Vacancy of Lambardar must be open to all members of estate and applications for filling up such post must be invited from all of them---Only suitable person to conduct as a Lambardar in village on basis of his best credentials must be appointed thereon. Muhammad Shafi v. Syed Mushtaq Hussain Shah and others 1994 MLD 1882; Noor Muhammad, Lambardar v. Member (Revenue), Board of Revenue, Punjab, Lahore and others 2003 SCMR 708; Haji Muhammad Ilyas v. Fazal Hussain and others PLD 1979 Lah. 876; Muhammad Yousaf v. Member Board of Revenue and 4 others 1996 SCMR 1581; Muhammad Aslam v. Syed Ahmad Naeem and others PLD 1992 SC 819; Raees Khan and 5 others v. Afridi Khan and 4 others PLD 1989 Peshawar 75; Bashir Ahmad v. Member Board of Revenue, Punjab, Lahore and 2 others. 2007 CLC 354 distinguished. Sahibzada Mehboob Ali Khan for Petitioners. Qamar-uz-Zaman Butt for Respondent No.2. Date of hearing: 29th April, 2009. JUDGMENT CH. NAEEM MASOOD, J.--- The brief facts of the case are that Haji Bahawal-ud-Din/respondent No.3 was the Lumberdar of Chak No.65-WB, Tehsil and District Vehari, Haji Bahawal-ud-Din became old and he made an application in 1991 to the Deputy Commissioner/ Collector to abdicate the crown of Lumberdari and handed over to his son Muhammad Abdul Ghafoor/respondent No.2. The Collector accepted this application and appointed respondent No.2 as Lumberdar, on 10-6-1991. Ahmad Ali one of the sons of Haji Bahawal-ud-Din filed an appeal before respondent No.4, Commissioner, Multan Division, iviultan. Haji Bahawal-ud-Din was summoned in the Court on which he stated that he had not tendered the resignation yet, so the appeal was accepted and Haji Bahawal-ud-Din continued to work as Lumberdar. Against the said order dated 4-1-1993, two sons of Haji Bahawal-ud-Din namely Abdul Ghafoor and Ahmed Ali filed two separate appeals, which were accepted on 5-12-1993 and the case was remanded to the Deputy Commissioner and then on 5-9-1994 to the…
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