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Petitioner: AHMED BAKHSH VS Respondent: SUB. MUHAMMAD NAWAZ
P L D 1966 W
P L D 1966 W. P. (Rev.) 120
Before L U. Khan, Member, Board of Revenue, West Pakistan
AHMED BAKHSH‑Petitioner
versus
Sub. MUHAMMAD NAWAZ‑Respondent
Revision No. 1024 of 1964‑65, decided on 5th January 1966.
Lambardar‑(Government Chak)‑Death of appointee pending appeal against him‑Claims of all candidates to be considered while appointing successor.
Mian Abdul Latif for Petitioner. Ch. Mahmood Khan for Respondent.
ORDER
This is a revision filed against an order, dated the 23rd of April 1965, passed by the Commissioner, Bahawalpur, whereby the appeal preferred by the petitioner was rejected.
The facts of the case are that, when the question of the appointment of a permanent Lambardar came up for considera tion, three candidates applied for the post. The Collector selected Lt. Muhammad Khan, the father of the respondent. The petitioner went in appeal to the Commissioner, but it was rejected. Hence this Revision.
During the pendency of the appeal before the Commis sioner, Lt. Muhammad Khan died and the Commissioner remarked that it would be for the Collector to select a successor to him in accordance with the rules. The obvious intention was that the appointment of the successor will be covered by rule 17 (i) of the Punjab Land Revenue Rules, because the whole of the Chak is owned by Government. It is not, however, quite clear from the order of the learned Commissioner and it has, therefore, become necessary to clarify that, when the question of appointing a successor of Lt. Muhammad Khan comes up for consideration, the claims of the respondent as well as the petitioner should be duly considered along with such other candidates as may apply for the post.
K.M. A. Revision accepted.