1992 PLP 1348 (CLC)

‑‑‑‑R.17‑‑‑Appointment of Lambardar‑‑‑Petitioner who contested appointment of respondent as Lambardar died at age of 83‑‑‑Legal heirs of petitioner desirous of being impleaded as party‑‑‑Entitlement‑‑‑Candidature for Lambardari would not confer vested right‑‑‑Candidature could not be passed on to heirs like other property or even like hereditary Lambardari‑‑‑Fact that deceased petitioner had been a temporary Lambardar, would not confer any right on his heirs to transfer of office of Lambardari‑‑‑Heirs of deceased petitioner were not entitled to be impleaded as party in revision. Malik Talib Hussain Awan for Petitioner. S. Altaf Hussain for Respondent. Brief facts of the case are that one Mahboob Elahi son of Altaf Hussain made an application to the AC/Collector, Bhakkar requesting for appointment as permanent lambardar in Chak No.46/TDA as more than 50% allottees had acquired proprietary rights. Fresh applications were therefore invited. 93 persons applied for the post. 86 applicants got‑recorded their statements whereas 7 persons did not appear. Out of 86 persons 79 left the field in favour of the present contesting parties. On next round 5 candidates further withdrew their applications in favour of Zafar lqbal and Shah Muhammad. The AC/Collector after considering the merits/demerits of the contesting candidates appointed respondent as Lambardar of the Chak. Being aggrieved by the selection of the Collector, the petitioner filed an appeal before the Commissioner who dismissed the same vide the impugned order, hence this revision petition under section 164 of West Pakistan Land Revenue Act, 1967.

2. The case was fixed for hearing on 3rd March, 1991, when the learned counsel for the respondent pointed out that the petitioner had died and hence the proceedings had abated. The learned counsel for the petitioner, however, stated that the heirs of the petitioner were desirous of being impleaded as party and that he would submit case‑law in this respect on the next date of hearing.

3. According to the death certificate placed on the record, the petitioner died on 30‑1‑1991 at the age of

83. The candidature for `Lambardari' does not confer a vested right and the candidature cannot be passed on to the heirs like other property or even like a hereditary Lambardari. Although the petitioner had been a temporary Lambardar for over 20 years but he was not appointed as a permanent Lambardar due to his advanced age and the respondent was preferred over him by the AC/Collector and also by the Commissioner for appointment as Lambardar. No right had accrued to the petitioner thereby which could be transferred to his heirs; the appointment of the Lambardar in the instant case being under Rule 17 of the West Pakistan Land Revenue Rules. I therefore do not see any reason to implead the heirs of the petitioner as party in this case and dismiss the revision petition as having abated on the death of the petitioner. A.A./471/R Revision dismissed.