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Petitioner: MUHAMMAD RAMZAN VS Respondent: MEMBER (REVENUE) BOARD OF REVENUE and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: MUHAMMAD RAMZAN vs MEMBER (REVENUE) BOARD OF REVENUE and others Case No.: Civil Petition for Leave to Appeal No,760 of 1983 Date of Judgment:1988-11-15 Reported As: 1989 SCMR 614 Result: Leave to appeal refused
Judgment ORDER ' JAVID IQBAL, J.--This petition for leave is directed against judgment of the Lahore High Court Multan Bench dated 30th March, 1983 whereby writ petition of the petitioner was dismissed. ' Briefly the facts are that the Collector appointed Haji Bahadur as Lambardar in a vacancy. On appeal the Commissioner appointed the present petitioner as Lambardar. In revision the Member Board of Revenue set aside the order of the Commissioner and upheld the order of Collector, whereupon the petitioner challenged it by way of writ petition which was dismissed as stated above on the ground that it was essentially a matter of selection and the selection of one over the other when both were eligible by competent authority cannot be considered an act without lawful authority. We do not find any flaw with this ' conclusion as the selection of a better candidate depends on the discretion of the competent authority. The petition is therefore dismissed. ' Leave to .