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Petitioner: SHAUKAT ALI And Another VS Respondent: MUHAMMAD SHAFI And 2 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: SHAUKAT ALI And Another vs MUHAMMAD SHAFI And 2 Other Case No.:Civil Petition for Leave to Appeal No. 1039 of 1985 Writ Petition No.3939 of
1985 Date of Judgment:1989-06-13 Reported As: 1991 SCMR 1504 Result: Leave refused Judgment ORDER MUHAMMAD AFAZL ZULLAH, J: --This is petition for leave to appeal; against the dismissal by the High Court, of petitioners' Writ Petition which had arisen out of a Lambardari matter. The learned counsel conscious of several decisions of this Court and other superior Courts, to the effect that Writ jurisdiction of the High Court is not attracted in such like matters, contended that this case is distinguishable. He tried to argue that the appointment of respondent No.1 as Lambardar is without lawful authority; because, it is against an additional vacancy which was illegally created by the respondents authorities. We do not agree with` the learned counsel. The creation of additional Lambardari is also a question of practical need and other requirements of which the authorities concerned are the best judges. In this case they having shown full justification even on the touchstone of the guidelines laid down in the rules; the High Court rightly refused to give relief to the petitioners in its writ jurisdiction. For all these reasons, leave to appeal is refused.