P L D 1959 (W (PLP)

(c) Lantbardar ‑Appointment‑Gujjars in majority in patti

Two Rajputs already appointed in other two pattis‑Gujjar appointed Lambardar. (d) Lambardar‑Appointment‑Adequate security to be taken for Government demand. Khawaja Abdur Rahim for Petitioner. Syed Muhammad Anwar and Dr. Tassadaq Hussain for Respondent. These two cases‑R. O. R. No. 354 of 1957‑58, (Sardar Muhammad Sher Ali v. Jamadar Abdul Wahid) and R. O. A. No. 386 of 1957‑58 (Khan Muhammad v. Jamadar Abdul Wahid) may be taken up together, as they relate to the same order. Jamadar Abdul Wahid was heard in both the cases. Respondent Abdul Wahid has hereditary claim, but does not reside in the chak. The Commissioner did not consider this as a disqualification and relied on P L D 1957 (W. P.) Rev.

8. In that ruling Mr. Majid held that an absentee with a hereditary claim should be preferred to a person who has no such claim. The view of Mr. Majid was that a hereditary claim should be given more or less prescriptive right. This has been overruled in the Full Board decision reported in P L D 1958 (W. P.) Rev. 103 and Mr. Majid's ruling on this point no‑longer holds good. There are numerous rulings e.g. P L D 1950 Pb. (Rev.) 1106, in which it was held that an absentee should not be appointed as Lambardri. In this case a suitable person, namely Khan l is available for appointment and that is an additional reason why an absentee should not be appointed. It is true that the property of Khan Muhammad is inadequate as security for the Government demand, but so is the property of respondent Abdul Wahid. There are numerous rulings that the order of the Collector, in Lambardari cases should not be interfered with unless it is, perverse or unreasonable. In view of what is stated above the order of the Collector appointing Khan Muhammad as Lambardar, cannot be called unreasonable. Petitioner Sardar Muhammad Sher Ali was appointed neither by the Collector nor by the Commissioner. He is a Rajput and l in view of the fact that two Rajputs have already been appointed C in the other pattis and Gujjars are in majority in this patti, I dot not find adequate justification for appointing him as Lambardar. The result is that the petition of Sardar Muhammad Sher Ali is rejected, while the appeal of Khan Muhammad is allowed and the order of the Collector appointing him as Lambardar is restored. Adequate security should be taken from him for the Government demand. If he fails to furnish such security within the time prescribed by the Collector, the case should be re‑opened. Parties to be informed. K. M. A. Petition rejected.