P L D 1989 Supreme Court 344 (PLP)
GHULAM AHMAD‑‑Petitioner Versus MEMBER, BOARD OF REVENUE and 2 others‑‑Respondents
| Citation | P L D 1989 Supreme Court 344 (PLP) |
| Forum / Court | |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | GHULAM AHMAD‑‑Petitioner Versus MEMBER, BOARD OF REVENUE and 2 others‑‑Respondents |
| Primary Law | West Pakistan Land Revenue Act (XVII of 1967)‑‑ |
Q1: What are the key laws and sections cited in P L D 1989 Supreme Court 344 (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 P L D 1989 Supreme Court 344 (PLP)?
The case was heard and decided by the bench comprising: 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: P L D 1989 Supreme Court 344 (PLP) (GHULAM AHMAD‑‑Petitioner Versus MEMBER, BOARD OF REVENUE and 2 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hassan Ahmad Khan Kanwar, Advocate instructed by Abul Asim Jafri, Advocate‑on‑ Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 21st March, 1989.
Headnotes / Summary
(On appeal from the judgment dated 23rd February, 1985 of the Lahore High Court in Writ Petition No. 3140 of 1979). ‑‑‑ S. 36‑‑Lambardar‑‑Appointment‑‑Supreme Court desired Board of Revenue, Punjab, and other authorities, to remove the remnants of the considerations relatable to customary law and legal practices from their directions, rules and other legal instruments. Abdul Ghafoor v. The Member (Revenue), Board of Revenue and another 1982 SCMR 202; Muhammad Warrayam v. Member, Board of Revenue, Punjab, Lahore and 3 others 1972 SCMR 354; Muhammad Shafi v. Member (Revenue)_ Board of Revenue, Punjab, Lahore and 2 others 1972 SCMR 253; Abdul Wahid v. The Member, Board of Revenue, Punjab, Lahore and another 1971 SCMR 719 and Sharaf Din v. Qazi Abdul Jalil and another 1986 SCMR 1368 ref.
Judgment & Decree
Nemo for Respondents. Date of hearing: 21st March, 1989. MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought, against the dismissal by the High Court, of a Writ Petition whereby a Lambardari case concluded by ‑the Board of Revenue, was sought to be re‑opened by the petitioner. It was dismissed by making reference to the case‑law including Abdul Ghafoor v. The Member (Revenue), Board of Revenue and another 1982 SCMR 202 as also the following three cases:‑‑ (1) Muhammad Warrayam v. Member, Board of Revenue, Lahore Punjab and 3 others 1972 SCMR 354. (2) Muhammad Shafi v. Member (Revenue), Board of Revenue, Punjab, Lahore and 2 others 1972 SCMR 253. (3) Abdul Wahid v. The Member, Board of Revenue, Punjab, Lahore and in other 1971 SCMR
719. Learned counsel for the petitioner, to be fair to him, also cited Sharaf Din v. Qazi Abdul Jalil and another 1986 SCMR 1368 wherein the same view with regard to the competency of Writ Petition in Lambardari case was affirmed. The case‑law is against the petitioner. However, learned counsel while accepting this position again tried to argue that on the one hand there was contravention of statutory rules and on the other the considerations relatable to customary law weighed with the authorities concerned. This, as argued, according to decisions on the Shariat side, is no more applicable. These submissions notwithstanding the fact remains that the question raised before the High Court related to the appointment of a Lambardar regarding which there is no possibility of making this as exception in so far as the view already held about the maintainability of a writ petition, is concerned. It is, however, kept open (and appropriate) for the Board of Revenue and the other authorities, to remove the remnants of the considerations relatable to customary law and legal practices from their directions, rules and other legal instruments. With these observations we having found no justification for interference, leave to appeal, accordingly, is refused. M. B. A. /G‑169/S Leave refused.