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Petitioner: MUHAMMAD NAWAZ VS Respondent: THE STATE
P L D 1966 W
P L D 1966 W. P. (Rev.) 123
Before I. U. Khan, Member, Board of Revenue, West Pakistan
MUHAMMAD NAWAZ‑Petitioner
versus
THE STATE‑Respondent
Revision No. 42 of 1962‑63, decided on 29th September 1964.
Lambardar ‑ Appointment ‑ Candidate bound down under S. 107, Criminal Procedure Code (V of 1898)‑Collector has discretion to ignore such candidate.
Bakhshi Anwar Ali for Petitioner.
ORDER
This is a revision filed against an order, dated the 2nd of July 1963, passed by the Commissioner, Sargodha, whereby he rejected this appeal preferred by the petitioner.
The facts of the case are that one Dost Muhammad was appointed as Lambardar by the Collector. The petitioner went in appeal to the Commissioner who remanded the case. After the remand the Collector again appointed Dost Muhammad as Lambardar. One Muhammad Bakhsh and the petitioner preferred appeals before the Commissioner, who rejected the appeal of Muhammad Nawaz, but accepted that of Muhammad Bakhsh and the case was remanded for reconsideration. Hence this revision.
I have heard the learned counsel for the petitioner. It is true that this case is governed by rule 17 (ii) of the Punjab Land Revenue Rules but in this case Muhammad Nawaz, petitioner, was bound down under section 107, Cr. P. C. twice. His case, therefore, falls under rule 16 (ii) of the Punjab Land Revenue Rules. It is within the discretion of the Collector to ignore persons like the petitioner under the provisions of rule 16 (ii) (a) read. with rule 17 (ii) (c).
In the circumstances I see no justification for interference. The revision fails and is dismissed hereby.
K. M. A. Revision dismissed.