' CH. SHAHID SAEED, J.---The instant writ petition is directed against the order dated 19-1-2000 passed by the learned Commissioner, Bahalwalpur Division by way of which the appointment of the petitioner as a Lumbardar was cancelled. Petitioner preferred a revision petition against the said order which Was dismissed by respondent No,2 vide order dated 11-5-1999. Hence this writ petition.
2. Brief facts of the case are the petitioner is the son of late permanent Lamberdar of Chak No,317/HR. The father of the petitioner Shamoon Khan worked as Lambardar for more than 25 years and died on 16-3-1999 and according to the provision contained in West Pakistan Land Revenue Rules 1968 the appointment of a Lambardar after death of a permanent Lambardar was required to be made under rule 19 of the above Rules. The petitioner being eldest son had to be appointed as Lambardar on the basis of the principle of primogeniture. After necessary verification and satisfaction about the capability of the petitioner the District Collector, Bahawalpur, passed the order of appointment of petitioner as a Lamberdar on 11-5-1999. Thereafter one Mahfooz Ahmed respondent filed an appeal before the learned Commissioner Bahawalpur Division challenging the order of the appointment of petitioner which was accepted on 19-1-2000 and the appointment of the petitioner was cancelled. Then the petitioner preferred revision petition before the Member Board of Revenue which was dismissed on 1-3-2000.
3. Learned counsel for the petitioner argued that both the impugned orders are against law and facts and also based upon surmises and conjectures; that after the death of permanent Lumbardar in Chak No,317/HR petitioner being his elder son is entitled to be appointed as Lumberdar on the principle of primogeniture and has relied upon PLD 1999 SC 484.
4. On the other hand, learned A.A.-G. Contends that the principle of primogeniture has been declared against the injunction of Islam, therefore, the petitioner is not entitled to be appointed as Lumbardar on the principle of primogeniture. That the matter for appointment of Lumbardar is under process and the petitioner has still chance to compete before the Deputy Commissioner along with the other candidates. Learned A.A.-G. Has relied upon 1994 M LD 1480 and 1997 Monthly Review 1511.
5. Arguments heard. Record perused.
6. From the perusal of record it reveals that the order of District Collector Bahawalpur in which the petitioner was appointed as Lumbardar is not attached with the file. However learned counsel for the petitioner has produced a photocopy of the said order dated 11-5-1999. It has been stated in the order which is drafted in urdu "that the petitioner is appointed as permanent Lumbardar in place of his deceased father". The order of the District Collector is not a speaking one and no solid reason on the basis of which the petitioner was appointed as Lumbardar has been mentioned therein. According to the decision of the apex Court of this country theprinciple of primogeniture has been declared un-Islamic. The appointment of the petitioner as Lumberdar has been cancelled by the competent authority. I have not been able to find any illegality or irregularity in the impugned orders passed by the respondents Nos.2 and 3.
7. Sequel of the above discussion is that there is no force in the instant writ petition and the same is dismissed. However the petitioner may compete with others if the matter is still pending for the appointment of Lumbardar other than the principle of primogeniture.