ALLAH NAWAZ KHAN vs MEMBER (JUDL — 2023 MLD 869 LAHORE-HIGH-COURT-LAHORE

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ALLAH NAWAZ KHAN VS MEMBER (JUDL. III) BOARD OF REVENUE PUNJAB LAHORE Ss. 4(28) & 180---Punjab Land Revenue Rules, 1968, Rr. 17 & 18---Lambardar/Headman---Appointment---Belonging to dominant tribe of the village, relevance---Disqualification on ground of being landless---Permanent Lambardar of the Chak was removed by District Collector---Respondent (Contester) was further appointed as Headman of the same village by District Collector after due procedure---Such appointment was challenged and the Executive District Officer (Revenue) upsetting the appointment of District Collector, appointed another respondent (contester) (now deceased) as Lambardar---Member Board of Revenue again restored the appointment of respondent---High Court bulldozed all the proceedings and remanded the matter to District Collector---District Collector ordered that none of the contestants were eligible for Lambardari post and required the subordinates to initiate the fresh process---Additional Commissioner once again appointed respondent (contester) and the said appointment was confirmed by Member Board of Revenue---Contentions that party had the hereditary right, so the Revenue Hierarchy was bound to appoint him as such; that respondent (another contester) was holding very meagre land; and that he was not a man of character---Held, that the hereditary claim was not the sole criteria to select the Lambardar, rather basic object was to appoint the most suitable person among eligible ones---Firstly, respondent (contester) was more educated; secondly, had excess land; thirdly, belonged to major tribe; and fourthly, was unanimously recommended by the Revenue Field Staff, Tehsildar and the Collector/Assistant Commissioner concerned---Said Authorities, who because of their experience/training were better qualified to make the choice than any forum else---High Court was not supposed to act as a Court of appeal, especially, when nothing wrong could be highlighted---Neither the appointee had ever been challenged/convicted nor a single penny was due towards him---Nothing was against him to be taken out of the contest--- Constitutional petitions were dismissed accordingly.

ALLAH NAWAZ KHAN vs MEMBER (JUDL — 2023 MLD 869 LAHORE-HIGH-COURT-LAHORE

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