1989SCMR614 (PLP)
MUHAMMAD RAMZAN — Petitioner Versus MEMBER. (REVENUE) BOARD OF REVENUE
| Citation | 1989SCMR614 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid lqbal, JJ |
| Parties | MUHAMMAD RAMZAN — Petitioner Versus MEMBER. (REVENUE) BOARD OF REVENUE |
| Primary Law | West Pakistan Land Revenue Act (XVII of 1967) |
Q1: What are the key laws and sections cited in 1989SCMR614 (PLP)?
This judgment primarily cites: West Pakistan Land Revenue Act (XVII of 1967) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR614 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid lqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR614 (PLP) (MUHAMMAD RAMZAN — Petitioner Versus MEMBER. (REVENUE) BOARD OF REVENUE). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Muhammad Sarwar, Advocate Supreme Court instructed by S.Inayat Hussain, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 15th November, 1988.
- Rana Muhammad Sarwar, Advocate Supreme Court instructed by S.Inayat Hussain, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Multan Bench Multan, dated 30th March 1983 in WP 449 of 1983).
S.36--Constitution of Pakistan (1973), Art. 185(3)--Appointment of Lambardar -Petitioner's Constitutional petition against Board of Revenue's decision appointing respondent as Lambardar dismissed on the ground that such appointment being essentially a matter of selection by competent authority could not be considered as an act without lawful authority when both candidates for the office were eligible--No flaw was found in conclusion arrived al by the High Court--Petition for leave to appeal dismissed in circumstances.
Judgment & Decree
JAVID IQBAL, J.‑‑This petition for leave is directed against judgment of the Lahore High Court Multan Bench dated 30th March, 1983 whereby writ petition of the petitioner was dismissed. Briefly the facts are that the Collector appointed Haji Bahadur as Lambardar in a vacancy. On appeal the Commissioner appointed the present petitioner as Lambardar. In revision the Member Board of Revenue set aside the order of the Commissioner and upheld the order of Collector, whereupon the petitioner challenged it by way of writ petition which was dismissed as stated above on the ground that it was essentially a matter of selection and the selection of one over the other when both were eligible by competent authority cannot be considered an act without lawful authority. We do not rind any flaw with this conclusion as the selection of a better candidate depends on the discretion of the competent authority. The petition is therefore dismissed. AA./M‑694/S Leave to appeal refused.