2010 PLP 900 (CLC)
ASLAM MEHMOOD — Petitioner Versus MEMBER (JUDICIAL-VII), BOARD OF REVENUE PUNJAB, LAHORE and 4 others — Respondents
| Citation | 2010 PLP 900 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ASLAM MEHMOOD — Petitioner Versus MEMBER (JUDICIAL-VII), BOARD OF REVENUE PUNJAB, LAHORE and 4 others — Respondents |
| Primary Law | West Pakistan Land Revenue Rules, 1968 |
Q1: What are the key laws and sections cited in 2010 PLP 900 (CLC)?
This judgment primarily cites: West Pakistan Land Revenue Rules, 1968 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 900 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 900 (CLC) (ASLAM MEHMOOD — Petitioner Versus MEMBER (JUDICIAL-VII), BOARD OF REVENUE PUNJAB, LAHORE and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Zahoor Ali Khan for Petitioner.
Headnotes / Summary
R. 17
Constitution of Pakistan (1973), Art.199--Constitutional petition
Rule of primogeniture, applicability
Scope
Rule of primogeniture was against the injunctions of Islam
By virtue of abolition of rule of primogeniture, qualification of hereditary claim had ceased to exist.
Judgment & Decree
CH. MUHAMMAD TARIQ, J.
The learned counsel for the petitioner inter alia contends that the petitioner is permanent resident of Chak No.70/GB Tehsil & District Jhang. He owns land measuring 19 Kanals, 1 Marla which devolved upon the petitioner on the death of his father. Nazir Ahmed, the father of petitioner was Lumberdar who died on 27-3-2007 leaving behind him one son the (petitioner). During the life time of late Nazir Ahmed, the petitioner had been performing the duties of Lumberdar on his behalf. He qualifies all conditions which are set forth for the appointment of Lumberdar.
2. The learned counsel further submits that after the death of Nazir Ahmed, the petitioner moved in writing to the concerned authorities that since he is only son of deceased Nazir Ahmed, Lumberdar so he be substituted at his place. Respondents Nos. 4 and 5 also applied for the said appointment. After due scrutiny conducted by field staff, concerned authorities recommended the name of petitioner and respondent No.4 that Lumberdar be appointed amongst the petitioner and respondent No.4.
3. The vide order dated 9-10-2007, District Officer (Revenue) Jhang appointed respondent No.1 as Lumberdar and ignored the petitioner. Feeling aggrieved, the petitioner assailed the order of respondent No.3 before Executive District Officer (Revenue) Jhang but appeal of the petitioner was dismissed by respondent No.2 vide order dated 9-10-2007. The petition further assailed the order dated 9-10-2007 before the Member (Judicial-VII), Board of Revenue, Lahore which also met the same fate, hence this writ petition.
4. Arguments heard, record perused.
5. The petitioner has put more stress on the hereditary claim that the petitioner is only son of deceased Lumberdar so he be appointed as headman. The petitioner further contends that he also qualifies other conditions which are set forth for the appointment of headman. Dealing with the hereditary claim of the petitioner, this Court observed that rule of primogeniture was declared by the august Supreme Court of Pakistan as against the injunctions of Islam so by virtue of abolition of rule of primogeniture, qualification of hereditary claim has ceased to exist. On merit, since there is concurrent findings of fact by three learned Courts below which cannot be interfered in the Constitutional Jurisdiction of this Court.
6. In the light of above discussion, no interference is called for. Writ petition is dismissed in limine. M.U.Y./A-49/L Petition dismissed.