Law: Constitution of Pakistan, 1973

Section: 199

Law: West Pakistan Land Revenue Rules, 1968

Section: 19

Constitution of Pakistan (1973)--- ----Art. 199---West Pakistan Land Revenue Rules, 1968, R.19----Constitutional jurisdiction of High Court---Scope---Substituting decision of lower forums---Petitioner was appointed as lambardar by Revenue Authorities and Board of Revenue confirmed the decision---High Court in exercise of constitutional jurisdiction set aside decision of Revenue hierarchy and appointed respondent as lambardar---Validity---Nothing was available on record which could indicate any reason to disqualify petitioner from his appointment as lambardar---Constitutional jurisdiction of High Court could not be used to substitute its own preferences with the preferences of competent authorities, unless it could be shown that the decision made by competent authorities suffered from any jurisdictional defect or any illegality---High Court while exercising powers vesting in it under Art. 199 of the Constitution, could not sit in appeal over the decisions or s questioned through such jurisdiction---Respondent, in the present case, might well had a better choice in the eyes of High Court but it could not have been the reason permitting High Court to declare a decision of Board of Revenue to be illegal unless it was shown that choice made by District Collector and Board of Revenue proceeded on illegal or invalid considerations which had not been so found by High Court---Jurisdiction exercised by High Court in setting aside the decision of Board of Revenue could not be sustained---Supreme Court converted petition for leave to appeal into appeal and set aside passed by High Court---Appeal was allowed. Ghulam Hussain's case 1976 SCMR 75 ref. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J.--- It may well be true that the proximity of relationship with a late Lumberdar may not be the only factor in determining the successor Lumberdar but then it is also equally true that the said was one of the proper and valid considerations for determining such a successor. It was in these circumstances that the District Collector had tilted in favour of Rafique petitioner who was a nephew and son-in-law of the late Lumberdar and had consequently directed his appointment as such. The…

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