P L D 1961 W (PLP)
MANZUR‑UL‑HAQ KHAN‑Petitioner Versus GHULAM ABID SHAH‑Respondent
| Citation | P L D 1961 W (PLP) |
| Forum / Court | |
| Bench Members | Nasir Ahmad, Member, Board of Revenue, |
| Parties | MANZUR‑UL‑HAQ KHAN‑Petitioner Versus GHULAM ABID SHAH‑Respondent |
Q1: What are the key laws and sections cited in P L D 1961 W (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1961 W (PLP)?
The case was heard and decided by the bench comprising: Nasir Ahmad, Member, Board of Revenue,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1961 W (PLP) (MANZUR‑UL‑HAQ KHAN‑Petitioner Versus GHULAM ABID SHAH‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mahmood Shah for Petitioner.
- M. Ismail Bhatti for Respondent.
Headnotes / Summary
(a) Lambardar ‑ Non‑resident not to be appointed as first d parmanent Lambardar in estate. (b) Lambardar‑No permanent appointment should be made unless 3/4th area has been allotted to refugees.
Judgment & Decree
(a) Lambardar ‑ Non‑resident not to be appointed as first d parmanent Lambardar in estate. (b) Lambardar‑No permanent appointment should be made unless 3/4th area has been allotted to refugees. Mahmood Shah for Petitioner. M. Ismail Bhatti for Respondent. This revision petition has been filed against the Commissioner Bahawalpur's order dated 29‑4‑1960 whereby he maintained the order of the Collector, Muzaffargarh, district appointing the respondent as Lambardar of village Dhaka. The Lambardari was held by a non‑Muslim evacuee but the petitioner Mazoorul Haq Khan the only Muslim refugee who contested it was found to be a non‑resident in the estate. The Collector vide his order dated 2‑10‑1959 has stated that he resided at AIipur at a distance of about 40 miles. This fact is further proved by an assertion made in my presence on behalf of the respondent that Manzoorul Haq Khan had contested Basic Democracies Election at Alipur and this has been accepted as correct. He obviously lives far away from the estate and it would be improper to appoint him as l its first permanent Lambardar. It has been farther contended that a major part of the evacuee area which is over 5,000 acres still remains un allotted, and the latest report shows that only about 1,100 acres have been confirmed to refugees. In these circumstances, it is argued that it would be contrary to Govern ment policy to make a permanent appointment unless about 3/4th of the area has been allotted to refugees. In reply it is urged that most of the area is under river action and is not likely to be acceptable to any refugee. This leas been supported by an affidavit filed by the respondent and is also borne out by the Patwari's report dated 24‑5‑1958 to, which my attention has been r drawn by the learned counsel for the respondent. I would in these circumstances decline to interfere with the orders already passed and reject this revision petition. K. M. A. Petition rejected.