To fill-up the vacant post of lamberdar of Chak No, 297/JB Tehsil Gojra District Toba Tek Singh, on termination of Abdul Hameed Lamberdar, applications were invited for the appointment of lamberdar in the patti of Chak No, 297/JB. 10 applications were received in all. Report recommending the petitioner and Respondent No, 1 was submitted. On 4.11.2002, Respondent No, 5 appointed Respondent No, 1 as lamberdar. The petitioner challenged the above order before Respondent No, 4, which was accepted on 27.3.2003 and the petitioner was appointed as lamberdar. Respondent No, 1 challenged earlier order dated 27.3.2003 before Respondent No, 3, who accepted his appeal by order dated 1.9.2003. The petitioner aggrieved of the order dated 1.9.2003 of the Member,. Board of Revenue, Punjab, Lahore, has filed this Constitutional petition.
2. The learned counsel for the petitioner contends that the petitioner is 47 years old and educated up to middle level. His holding in the Patti is 105 Kanals 18 marlas Respondent No, 1, on the contrary, is 80 years old, educated upto middle level with holding of 5k-11 marlas. Respondent No, 1 was involved in a criminal case. He is running business of Commission agent and could not look after affairs efficiently.
3. The learned counsel for the Respondent No, I supported by the learned A.A.G appearing on behalf of the Respondents Nos, 3 to 5, argued that Respondent No, 1 was acquitted of the charge of murder. It was added that he served Pakistan Army and is a disciplined person. He has personal influence and credibility. According to them, he is though 73 years of age but enjoy sound health.
4. I have carefully considered the respective contentions of the learned counsel for the parties, perused the judgments.
5. The petitioner owns 105 kanals of land in the Patti while Respondent No, 1 owns 5 kanals of land only in the patti and 92 kanals 14 rnarlas outside the patti. As such, Respondent No, 1 owns only 5 kanals of land in the patti for which appointment is being made.
6. The petitioner is 47 years old. He is educated upto middle level and owns 105 kanals and 18 marlas of land. He too belonged to Rajput majority community and bears good moral character.
7. Rule-17 of the West Pakistan Land Revenue Rules, 1968 provides that in the matter of first appointment of-headman regard shall be given among other matters to:--
(a) the hereditary claims of the candidate;
(b) extent of property in the estate, if there are no sub-division of the estate, and in case there be sub-divisions of the estate the extent of the property in the sub-division for which appointment is to be made, possessed by the candidate;
(c) services rendered to the Government by him or by his family;
(d) his personal influence, character, ability and freedom from indebtedness;
(e) the strength and importance of the community from which selection fora headman is to be made;
(f) his ability to undergo training in Civil Defence in the case of headman in Tehsils situated along the Border.
8. Examining comparative merits and qualification of the petitioner and Respondent No, 1, it appears that the petitioner has better claim for appointment, for the following, reasons:--
(1) The petitioner is only 47 years of age while Respondent No, 1 is stated by the functionaries below, to be 80 years of age. (His identity card attached with the written statement reflects his age as 73 years.) The petitioner owns 105 kanals of land in the patti for which appointment is being made.
Respondent No, 1 only owns 5 kanals and 11 marlas of land in the patti.
(2) Respondent No, 1 is running a business of Commission agent at Gojra and remains away from estate. The petitioner has no previous record or history. He was not involved in any criminal case while Respondent No, 1 remained an accused in a murder case and was later on acquitted.
9. The petitioner having owned a big place of land in the patti for which lambardar was to be appointed, can be taken as a measure of candidate influence in cases falling under Rule-17 of the West Pakistan Land Revenue Rules, 1968. The petitioner has comparatively better merit than Respondent No,
1. Respondent No, 1, being an old man remained Sarbarah lamberdar for a long period of time and has played his innings. It is the time of new generation. They be provided an opportunity to prove their worth. The petitioner being younger in age, then Respondent No, 1, will undertake work and discharge the duty and responsibility as lambardar in a more berifting manner.
10.The order of the Member, Board of Revenue, Punjab Lahore cannot be upheld as the same is- not in accord with the provisions of Rule-17 of the West Pakistan Land Revenue Rules, 1968. The consideration amongst others is the land owned in a patti. Respondent No, 1 only owned small portion of land. He may not have influence on the land holders in patti. This post cannot be filled in by an outsider. On the same reasoning a person with a small holding may not be able to deliver goods and carry influence.
11.In view of the above discussion, the order of the Member, Board of Revenue, Punjab, Lahore dated 1.9.2003 is not sustainable. The same is, therefore, set aside. The order passed by the Executive District Officer (Revenue) dated 27.3.2003 is restored. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.