Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: SARDAR KHAN VS Respondent: ALI MUHAMMAD
P L D 1959 W
P L D 1959 W. P. (Rev.) 63
Before M. Z. Khan, Member, Board of Revenue, West Pakistan
SARDAR KHAN‑---Petitioner
Versus
ALI MUHAMMAD--‑Respondent
Appellate Side No. 47 of 1957‑58, decided on 22nd September 1958 and Appellate Side No. 61 of 1957‑58. District Layallpur.
(a) Lambardar‑--
Appointment‑‑--Point not urged before Collector or Commissioner‑--Cannot be allowed to be taken up for first time before Board of Revenue.
(b) Lambardar‑---
Appointment---‑Order of Commissioner reason able‑No interference.
F. M. Anwari for Appellant.
Abdur Rahim for Respondent.
S. M. Zafar for Muhammad Hussain Appellant No. 1.
Muhammad Ismail Bhatti for Nawab Khan Respondent No. 2.
ORDER
These two appeals may be taken up together, as they relate to the same Chak and to the same order of the Commissioner.
2. The tribal composition of the two pattis is such that one Jat and one Rajput should be appointed provided suitable candi dates from these communities are available.
3. The appellant belongs to the Awan Tribe, which stands 3rd in this Patti. It was contended on behalf of the appellant that the tribal composition given in the Naqsha Lambardari was incorrect. This point was not urged before the Collector or the Commissioner and it is now too late to urge it. The appellant was convicted twice and was fined Rs. 60 and Rs. 40. He holds 10 acres of land and was recommended by the Revenue Officers. Like the respondent, he has a hereditary claim.
4. The respondent is a Jat whose strength is second in the Patti, and according to Naqsha Lambardari, he holds 22 acres of land.
5. In view of what has been stated above there was no reasonable ground for appointing the appellant as Lambardar and there was ample justification for the order passed by the learned Commissioner.
6. The appellant is a Jat, owns 17 acres of land and has no hereditary claim.
7. The respondent is a Rajput, owns 30 acres of land, has a hereditary claim and was recommended by all the Revenue Officers. In view of this fact and also because considering the position of the Chak as a whole, it is desirable that Rajputs should get one of the Lambardaris, I find that there were no reasonable ground for the appointment of Muhammad Hussain and there was ample justification for the order passed by the learned Commissioner. The result is that both the appeals are dismissed.
K. M. A. Appeals dismissed.