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Petitioner: ZULFIQAR ALI VS Respondent: THE STATE
P L D 1959 W
P L D 1959 W. P. (Rev.) 33
Before A. K. Malik, Member, Board of Revenue, West Pakistan
ZULFIQAR ALI‑Petitioner
Versus
THE STATE and another‑Respondents
Appellate Side No. 52 of J956‑57, decided on 13th November 1957. District Bahawal Nagar.
Lambardar‑--
Appointment--‑Creation of more Lambardaris ----Policy set out in Colony Manual Para. 617 to be followed.
Raja Hassan Akhtar for Petitioner.
Mahmood Shah with Sikandar Bakht for Respondent No. 2.
ORDER
This purports to be an appeal against the order of the Commissioner, Bahawalpur Division, dated 12‑2‑1957, by which he sanctioned the creation of third Lambardari in village Hakim Amir Din, Tehsil and district Bahawalnagar. I have heard Raja Hassan Akhtar, Advocate, for the petitioner and Syed Mahmood Shah, Advocate with Mr. Sikandar Bakht for Atta Ullah, Respondent.
This village contains 2084 acres of land of which 1877 are cultivated. There are already two Lambardars including, Zulfiqar Ali, petitioner. For the reason that in an average village one Lambardar is provided for 20 squares i.e., 500 acres of land in Colony Chaks, the Commissioner thought that the creation of an additional post as Lambardar was justified.
It has been argued before me that in several other villages in Bahawalpur State there is only one Lambardar for as many as 60 squares of land. The policy in this matter is contained in paragraph 617 of the Colony Manual and is to the effect the 20 squares should be considered fair average for one Lambardar and may well be adhered to as a general standard though con sideration must always be had to the special circumstances of the individual villages. It has also been stated that the third Lambardari is really being created to accommodate Atta Ullah, 'Respondent. I notice from the Commissioner's order that the has already directed the Collector to first approve three different and definite paths of the estate one of which should go to Zulfiqar Ali, petitioner, who is a permanent Lambardar and temporary appointments of the Lambardars should be made for the other two pattis for which Atta Ullah as well as anybody else can apply.
It has also been stated that in this village there is a peculiar system of tenure, no physical partition of land has taken place between the co‑sharers and, therefore, division into pattis will not be feasible. I do not think that this contention has much force. Until partition takes place the revenue payers can be assigned to different Lambardars according to the shares held by them and the land revenue for the payment of which they are liable according to these shares. I see no sufficient grounds for interference with the Commissioner's order and dismiss the appeal.
A. M. C. Appeal dismissed.