Nazir Ahmad s/o Muhammad Din, petitioner has filed this revision petition u/S. 164 of the Land Revenue Act, 1967 assailing upon the order, dated 17.3.2010, passed by the Executive District Officer (Revenue), Sialkot, vide which he accepted the appeal of the Respondent No. 2, Ansar Javed, set aside the order of the District Officer (Revenue), Sialkot. dated 11.11.2009 and appointed him as permanent Lambardar of Mauza Chahoor Kahluwan, Tehsil Pasrur, District Sialkot.
2. Briefly stated the facts of this case are that due to shifting of the previous Lambardars, Ch. Dawood Ahmad and Mr. Muhammad Bashir, temporary Lambardars, the office of Lambardar of Mauza Chahoor Kahluwan, became vacant. The case was processed for appointment of a permanent Lambardar in the Mauza. Two applications from the present parties were received. The District Officer (Revenue)/ District Collector, Sialkot, vide his order, dated 11.11.2009, proceeded exparte against Ansar Javed, Respondent No. 2, who after appearance in the Court had absented himself and appointed Nazir Ahmad, present petitioner as permanent Lambardar of Mauza Chahoor Kahluwan. Aggrieved by the said order, Ansar Javed, Respondent No. 2 filed an appeal in the Court of the Executive District Officer (Revenue), Sialkot and after hearing both the parties, vide impugned order, set aside the order of the District Collector, Sialkot dated 11.11.2009 and appointed Ansar Javed, as permanent Lambardar of the Mauza, hence this revision petition.
3. The petitioner has assailed the impugned order on the grounds that:--
(a) In the absence of the Lambardar, the petitioner used to perform the duties as Sarbrah, Lambardar.. The impugned order is against the law and facts of the case;
(b) The plea taken by the learned lower Court was that the respondent was condemned unheard and an FIR of fraud was registered against the petitioner. In< fact, Respondent No. 2 is living in Saudi Arabia and his special power of attorney was looking after the proceedings;
(c) Respondent No. 2 is not permanent resident of Mauza Chahoor Kahluwan and rather is resident of Village Muhaal Joga, Tehsil Pa.srur and is presently living in Saudi Arabia for the last five years;
(d) Petitioner is an experienced person having sixty years age and is an active social worker . He is regularly paying the Government dues being Sarbrah Lambardar;
(e) Petitioner belongs to a respectable family having influence in the area, hence is in better' position to recover the Government dues from the land owners;
(f) Petitioner holds 200-Kanal of land in the revenue estate, who was selected by the District Collector, being a suitable candidate.
4. It has been prayed that the revision petition be accepted, impugned order, dated 17.03.2010 be set aside and the order of the District Collector, Sialkot be maintained.
5. In rebuttal, learned counsel for Respondent No. 2, Mr. Shahbaz Ahmad Tattlah, Advocate has stated in his written arguments that the lower Court had observed that petitioner was convicted for an offence involving moral turpitude and an FIR No. 264/2007 u/S. 420 PPC of fraud was registered against him on 23.09.2007. The allegation that Respondent No. 2 is not resident of the Mauza is not correct. In support of this he has placed on record copy of Domicile/NIC issued by the NADRA, showing permanent address of his residence as Village Chahoor Kahluwan and village Muhaal Joga was actually emerged in village Chahoor Kahluwan for the last 50 years. Petitioner is a 60- years old person and is incapable to discharge the duties actively, physically as well as mentally, while the answering respondent is healthy/socially, financially and influentially strong young man of approximately 29 years of age. The respondent is educated person as compared to the petitioner having 300-Kanals of land. The inhabitants of the locality have submitted their affidavits in favour of Respondent No. 2. He belongs to majority community in the area and is depositing the Land Revenue regularly. Deposit Slips of Land Revenue placed on record. In support of his assertions, learned counsel for Respondent No. 2 has placed on record the following rulings of the superior Courts:-- "2010 CLC 1190, PLD 1959 W.P (Rev.) 89, PLD 1958 W.P (Rev.) 134 and PLD 1958 W.P. (Rev.) 60".
6. It has been prayed that the revision petition be dismissed and the order of the Executive District Officer (Revenue), Sialkot, dated 17.03.2010, be maintained.
7. The original file of the Court of District Officer (Revenue), Sialkot was called and examined. On the application of the petitioner, the District Collector, Sialkot directed the Tehsildar for enquiry and report, on 24.11.2008. On receipt of report from the Tehsildar through the Deputy District Officer (Revenue), Pasrur, permission for processing the case for filling up the vacant post of Lambardar was accorded by the District Collector on 02.01.2009. Affidavits from both sides were placed on record from the inhabitants of the village. The respondent was not heard by the District Collector, Sialkot and an ex-parte order was passed behind his back. The Executive District Officer (Revenue), Sialkot, heard both the parties and held the respondent as most suitable candidate for the post of Lambardar from all angles as compared with the petitioner.
8. In view of the above, I am not inclined to interfere with the findings of the lower Court, which are upheld and the revision petition is dismissed, meaning thereby that Respondent No. 2 (Mr. Ansar Javed) should hold the office of permanent Lambardar of Mauza Chahoor Kahluwan, Tehsil Pasrur, District Sialkot. The original record of the Court of District Officer (Revenue), Sialkot be returned expeditiously.