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Petitioner: Hakim MUHAMMAD BASHIR VS Respondent: MEMBER, BOARD OF REVENUE and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: Hakim MUHAMMAD BASHIR vs MEMBER, BOARD OF REVENUE and another Case No.: Civil Petition No,37 of 1981 Date of Judgment:1988-08-07 Reported As: 1990 SCMR 549 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal has arisen out of a Lambardari case. The respondent No,2 was preferred for the appointment. The petitioner's writ petition having been dismissed, he has now sought leave to appeal. ' Despite the findings of fact that the said respondent was more suitable person for the appointment as a Lambardar, the learned counsel has contended that the discretion exercised in favour of the said respondent should have been interfered with by the High Court in its writ jurisdiction. The ground urged in this behalf is that the said respondent was convicted and sentenced by a Civil Court for Contempt of Court, but was ultimately let off on accepting his unqualified apology. Learned counsel was unable to rely on any law by virtue of which the respondent No,2, in the circumstances of this case, could not have been appointed as a Lambardar. Otherwise too, when he had perjured himself of contempt and his unqualified apology had been accepted, there was no bar in principle either, in so far as the question of appointment of a Lambardar is concerned. ' Leave to appeal is, therefore, refused.