| Case ID |
2bc7d5ac-c1df-4ad3-9234-787070dad4b6 |
| Body |
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| Case Number |
Writ Petition No. 1234 of 1992 |
| Decision Date |
Jan 01, 1993 |
| Hearing Date |
Jun 06, 1992 |
| Decision |
The writ petition was dismissed in limine, affirming the order of the Member, Board of Revenue, Lahore, which had appointed Mst. Sharifan Bibi as Lambardar. The court ruled that the appointment of a female as Lambardar was valid under the provisions of the West Pakistan Land Revenue Rules, 1968, particularly R. 19(2), which does not explicitly require a male to be appointed. The court held that the principles of primogeniture apply and that Mst. Sharifan Bibi, being the eldest daughter and owner of land, was rightly appointed. The court emphasized that the appointment was consistent with constitutional provisions against gender discrimination and upheld the Board's exercise of jurisdiction in accordance with the law, finding no jurisdictional error warranting intervention. |
| Summary |
In the landmark case under review, the Lahore High Court addressed the appointment of a female Lambardar under the West Pakistan Land Revenue Rules, 1968. The case arose after Mst. Sharifan Bibi was appointed as Lambardar following the death of her father, Abadan. The petitioner, Ch. Asghar Ali, an advocate, contested the appointment, arguing that a female could not hold the position based on traditional interpretations of primogeniture. However, the court found that the rules did not exclude females from appointment and upheld the Board of Revenue's decision based on evidence of Mst. Sharifan's ownership and her satisfactory performance in the role. This case illustrates the evolving legal interpretations surrounding gender roles in administrative positions and reaffirms the constitutional mandate for equality, making it a significant reference point in future cases regarding gender discrimination in succession rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Board of Revenue,
District Collector,
Chak No.180/EB,
Tehsil and District Vehari
|
| Judges |
SHAIKH ABDUL MANAN, J
|
| Lawyers |
Muhammad Nawaz Malik
|
| Petitioners |
Ch. ASGHAR ALI
|
| Respondents |
MEMBER, BOARD OF REVENUE,
Mst. Sharifan Bibi
|
| Citations |
1993 SLD 915,
1993 CLC 858
|
| Other Citations |
PLD 1982 SC 271,
PLD 1987 Lah. 178,
PLD 1991 SC 531,
1971 SCMR 719,
1972 SCMR 253,
1972 SCMR 354,
1976 SCNIR 75,
1986 SCMR 1368
|
| Laws Involved |
West Pakistan Land Revenue Rules, 1968,
Constitution of Pakistan (1973)
|
| Sections |
R. 19(2),
S. 19(2),
Art. 25(2)
|