| Case ID |
42c3f9fb-5b40-4ac2-88f9-8eb304fc2158 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 19708 of 1998 |
| Decision Date |
Dec 15, 2000 |
| Hearing Date |
|
| Decision |
The petition filed by Liaqat Ali was dismissed by the Lahore High Court. The court upheld the decision of the Board of Revenue, which had appointed Abdul Salam as Lambardar, citing that the petitioner, being employed with the Agricultural Development Bank of Pakistan, could not devote full attention to the responsibilities of the position. The court noted that the appointment of Lambardar is primarily an administrative decision, resting in the discretion of revenue authorities who are better positioned to assess suitability than the courts. The rule of primogeniture was found to be directory in nature, and the court emphasized the necessity of individual fitness for the role over claims of preference based on familial ties. The Board of Revenue's choice was justified in light of the petitioner's employment situation and the responsibilities associated with being a Lambardar. |
| Summary |
In the case of Writ Petition No. 19708 of 1998, the Lahore High Court addressed the appointment of a Lambardar under the West Pakistan Land Revenue Rules, 1968. The petitioner, Liaqat Ali, challenged the decision made by the Board of Revenue to appoint Abdul Salam as Lambardar, arguing that he was entitled to the position due to being the eldest son of the deceased Lambardar. The court examined the applicability of the rule of primogeniture, ultimately determining that it is directory and does not confer an absolute right to appointment based solely on lineage. The court emphasized that the primary criteria for appointment should be the fitness and availability of the candidate for the responsibilities of the role. The decision highlighted the importance of the discretion exercised by revenue authorities, who possess the expertise to assess candidates based on their qualifications and circumstances. The court ruled that the Board of Revenue's decision to appoint Salam was justified, as the petitioner’s employment with the Agricultural Development Bank of Pakistan rendered him unable to fulfill the duties of a Lambardar effectively. This case underscores the legal principles surrounding administrative appointments and the balance between traditional rights and practical considerations in governance. |
| Court |
Lahore High Court
|
| Entities Involved |
Agricultural Development Bank of Pakistan,
Board of Revenue, Punjab,
Tehsildar,
Deputy Commissioner/Collector, Toba Tek Singh,
Commissioner, Faisalabad
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Jari Ullah Khan for Petitioner,
Syed Farooq Hassan Naqvi,
Muhammad Aslam Buttar for Respondent No. 2
|
| Petitioners |
LIAQAT ALI
|
| Respondents |
,
SENIOR MEMBER/MEMBER (REVENUE), BOARD OF REVENUE, PUNJAB, LAHORE
|
| Citations |
2001 SLD 2382,
2001 CLC 544
|
| Other Citations |
Maqbool Ahmad Qureshi v. The Islamic Republic of Pakistan PLD 1999 SC 484,
Ghulam Hussain v. Ghulam Muhammad and another 1976 SCMR 75,
Nazir Ahmad v. Roshan Din and others 1987 MLD 2269,
Muhammad Yousaf v. Member, Board of Revenue and 4 others 1996 SCMR 1581,
Muhammad Younus v. The Member (Judicial-I), Board of Revenue, Punjab, Lahore and others 1994 MLD 1480,
Nawab Sajjad Ali Khan v. Ch. Fazal Ilahi, Speaker Legislative Assembly and others PLD 1957 Lah. 940,
Abdul Ghafoor v. The Member (Revenue), Board of Revenue and another 1982 SCMR 202,
Sharaf Din v. Qazi Abdul Jalil and another 1986 SCMR 1368,
Allah Ditta v. Mian Nasir Ahmad and another PLD 1973 Lah. 359,
Masood Ahmad v. Member (Revenue), Board of Revenue and others 1982 CLC 357,
Ch. Ghulam Ullah v. Board of Revenue, West Pakistan, Lahore and 4 others 1984 CLC 2973
|
| Laws Involved |
West Pakistan Land Revenue Rules, 1968
|
| Sections |
R. 19(2)
|