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Petitioner: NUR MUHAMMAD VS Respondent: SHER MUHAMMAD
P L D 1962 W
P L D 1962 W. P. (Rev.) 36
Before A. M. K Leghari, Member Board of Revenue, West Pakistan
NUR MUHAMMAD‑Petitioner
Versus
SHER MUHAMMAD‑Respondent
Revision Side No. 525 of 1960‑61, decided on 27th September 1961, District Multan.
Cattle Breeding grant‑Person other than Lambardar to be considered only if Lambardar Is considered unsuitable‑Governor's Memo. No. Col.‑10/12‑56 (762), dated 30‑5‑1960.
Gul Muhammad Khan for Petitioner.
ORDER
This is a revision petition against the Additional Commis sioner, Multan's order, dated 21‑9‑1961, whereby he rejected Noor Muhammad's appeal and confirmed the Collector, Multan's selection of Sher Muhammad, a refugee Lambardar of the Patti for allotment of land under the Cattle Breeding Scheme in Chak No. 356/W. B., Tehsil Lodhran.
The contention of the petitioner is that he was initially select ed by Mr. Muhammad Shafi Zafar, Additional Deputy Commis sioner and Collector, Multan. The order was reviewed by the Collector and D. C. (Malik Karam Dad), without obtaining Com missioner's prior permission under section 15 of the Land Revenue Act. On appeal the Additional Commissioner, Multan, remanded the case. The Collector, Multan, again selected Sher Muhammad, a refugee Lambardar. This is claimed to be an illegal selection.
I am afraid I find no force in this contention. The selection of the Collector after the remand of the case to him is entirely an accord with the directions of the Governor of West Pakistan embodied in Memorandum No. Col.‑10/12‑56 (762), dated the 30th May 1960. Under these the Governor was pleased to direct that the "Lambardari grants resumed after 15th March 1948 should preferably be allotted to the Lamdardars, under the Pedigree Livestock Breeding Scheme, provided they are considered suitable for the breeding of these animals. If they are considered unsuitable for this purpose, then they will automatically be declar ed undeserving of these grants. I am to request that these instructions may please be borne in mind while selecting the guarantees." The new selection of Sher Muhammad, a refugee Lambardar of the Patti, is endorsed by the Deputy Director of Animal Husbandry, which means that he considered him to be suitable within the meanings of paragraph 5 of the terms and con ditions of these grants as notified under No. Col.‑6/1‑1‑/56, dated 3‑5‑1960. A non‑Lambardar could have been considered only if the Lambardar of the Patti had been considered unsuitable. In fact if any selection contrary to these provisions had been reported to me, I would have interfered on behalf of a suitable Lambardar of the Patti on the revisional side.
This being the position the revision is rejected in limine.
S. B.
Revision rejected.