1988 PLP 447 (SCMR)
MUHAMMAD YOUNIS — Petitioner Versus MEMBER (REVENUE), BOARD OF REVENUE — Respondent
| Citation | 1988 PLP 447 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | MUHAMMAD YOUNIS — Petitioner Versus MEMBER (REVENUE), BOARD OF REVENUE — Respondent |
| Primary Law | West Pakistan Land Revenue Rules, 1968 |
Q1: What are the key laws and sections cited in 1988 PLP 447 (SCMR)?
This judgment primarily cites: West Pakistan Land Revenue Rules, 1968 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 447 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 447 (SCMR) (MUHAMMAD YOUNIS — Petitioner Versus MEMBER (REVENUE), BOARD OF REVENUE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Ashraf Wahlah, Advocate Supreme Court and Mahmood A.Qureshi, Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 21st December, 1987.
Headnotes / Summary
(From the judgment/order of the Lahore High Court, Multan Bench, dated 28-10-1987 in Writ Petition No.1181 of 1986).
R.19(2)--Constitution of Pakistan (1973), Art. 199--Dispute between parties over appointment of Lambardar--Petitioner appointed Lambardar by Board of Revenue in revision against the order of Commissioner-- Such appointment was successfully challenged in High Court in constitutional jurisdiction--Contentions raised by petitioner that High Court could not have interfered with in the matter in exercise of writ jurisdiction and that High Court had erred in interpreting R.19(2) of West Pakistan Land Revenue Rules, 1968 in favour of respondent- Leave to appeal having already been granted in another petition on grounds similar to those raised in instant petition, leave to appeal granted. Babu Khan v. Amanat Khan 1986 S C M R 1368 and Ghulam Hussain v. Ghulam Muhammad and another 1976 S C M R 75 cited.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 28-10-1987 of the Lahore High Court; whereby in exercise of its writ jurisdiction, an order passed by the Board of Revenue in regard to the appointment of the petitioner as a Lambardar, was set aside. One Sohanra was the Lumbardar. He was removed on account of alienation of his entire ,holding and thus having become landless. For the appointment of a new Lumbardar the contest was between the petitioner and respondent No.2 who is the son of the removed Lumbardar. The Collector appointed the petitioner. The appeal of respondent No.2 was accepted by the Commissioner and he was appointed as Lumbardar. The petitioner's revision before the Board of Revenue succeeded. The appointment of the petitioner made by the Collector was restored. The order of the Board of Revenue dated 27-7-1986 was then challenged by respondent No.2 before the High Court and the same having been set aside, leave to appeal has now been sought. Learned counsel amongst others, has relying on Babu Khan v. Amanat Khan (1986 S C M R 1368) contended that subject-matte of contest between the parties being Lambardari, the High Court could not have interfered with in the exercise of writ jurisdiction. He has also contended that the learned Judge in the High Court erred in interpreting rule 19(2) of the West Pakistan Land Revenue Rules, 1968 in favour of respondent No.2. He has, in this behalf relied on Ghulam Hussain v. Ghulam Muhammad and another 197 SCMR
75. It is stated by the office that leave to appeal has already been granted in C . P. No.235-P of 1985 on 5-11-1986 on grounds similar to those raised in this petition. We grant leave to appeal in this case also. If possible, the appeals arising out of both the matters may be heard together. This appeal shall be. made ready on the present record with liberty to the parties to file additional documents, if necessary . Security Rs.1,
000. The interim order passed by this Court on 21-11-1987 shall continue. S. Q./M-298/S Leave granted.