| Case ID |
2bab0dfe-02f9-4956-b833-c07059360774 |
| Body |
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| Case Number |
C.P. No. 1067-L of 1991 and C.P. No. 1068-L of 199 |
| Decision Date |
May 27, 1992 |
| Hearing Date |
May 27, 1992 |
| Decision |
The Supreme Court of Pakistan upheld the decision of the Board of Revenue, affirming Ghulam Abbas's appointment as Lambardar. The Court ruled that the respondents who did not contest the Commissioner's order had effectively exited the proceedings and thus could not re-enter. The Court stated that the Board of Revenue was correct in limiting the dispute to those who actively contested the appointment of Lambardar. The High Court's interference with the Board of Revenue's decision was found to be erroneous, and the Supreme Court restored the Board's order appointing Ghulam Abbas as Lambardar, thereby dismissing the appeals of the respondents. |
| Summary |
This case revolves around the appointment of a Lambardar in Chak No.281/EB, Tehsil Burewala, District Vehari, following the death of the previous Lambardar. Ghulam Abbas was initially appointed by the Collector in 1981, but his appointment faced challenges from several respondents. The appeals and revisions led to prolonged litigation, with the Lahore High Court initially intervening to remand the case back to the Collector. However, the Supreme Court ruled that the respondents who did not pursue their appeals could not contest further, emphasizing the importance of procedural integrity in administrative appointments. This ruling reinforces the principle that parties must actively participate in legal proceedings or forfeit their rights to contest decisions later. The decision highlights the significance of timely action in legal contexts, particularly in disputes involving public office appointments, and establishes a precedent for similar cases. The case illustrates the complexities of administrative law and the judicial review process in Pakistan, aligning with the principles set forth in the West Pakistan Land Revenue Rules and the Constitution of Pakistan. Keywords: Lambardar appointment, administrative law, judicial review, public office, procedural integrity. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ABDUL SHAKURUL SALAM
|
| Lawyers |
Not available
|
| Petitioners |
Ghulam Abbas
|
| Respondents |
Muhammad Ashraf,
Allah Ditta,
Nazar Muhammad,
THE MEMBER, BOARD OF REVENUE, PUNJAB,
Muhammad Fazil,
Sakhi Ditta
|
| Citations |
1992 SLD 791,
1992 SCMR 1977
|
| Other Citations |
Ghulam Rasool v. Settlement Commissioner 1980 SCMR 921,
Muhammad Ali v. Additional Settlement Commissioner and 2 others Civil Petition No. 889 of 1980
|
| Laws Involved |
West Pakistan Land Revenue Rules, 1968,
Constitution of Pakistan (1973)
|
| Sections |
R.17,
Art.185(3)
|