DR. ALLAH BAKHSH MALIK (MEMBER (JUDICIAL-VIM).- The captioned Revision Petition bearing R.O.A.
No,77 of 2012 has been filed under section 161 of The Land Revenue Act, 1967 against the order dated 17-4-2012 passed by the learned Commissioner, Rawalpindi Division, Rawalpindi whereby he accepted the appeal of the respondent and set aside the order of learned Additional District Collector, Jhelum.
2. Brief facts of the case are that Mr. Ghulam Haider son of Mr. Ata Muhammad. Lambardar of Village Khatana. Tehsil Dina, District Jhelum died on 23-2-1998 and Mr. Amjad Ali present petitioner applied to the Learned District Collector, Jhelum for his appointment as Lambardar against the vacant post on 1-6-2011. The learned Additional District Collector, Jhelum after seeking reports from the revenue field staff, appointed the petitioner as Lambardar vide order dated 26-7-2011.
Aggrieved by the said order Haji Manzoor Hussain filed an appeal before the learned Commissioner, Rawalpindi Division, Rawalpindi. The learned Commissioner after hearing both the parties accepted the same and set aside the order of Additional District Collector, Jhelum dated 26-7-2011, hence the Revision Petition bearing No,77 of 2012.
3. The learned counsel for the petitioner contended that the respondent is residing abroad for business purposes and learned Commissioner has appointed him as Lambardar ignoring the law and rules on the subject. It was argued that an absentee person from revenue estate cannot be appointed as Lambardar of the village. The respondent after the death of the Lambardar, demonstrated himself as Lambardar without a formal appointment approved by the competent authority which is unjustified and uncalled and also absolute nullity in the eyes of law. The respondent have been preferring evidence as witness and Lambardar in numerous mutation proceedings before revenue officers which is also illegal and he was not authorised to do so by any competent authority in the respective jurisdiction. The conduct of the respondent, his personal character, ability and influence was also not kept in view by the learned Commissioner while deciding the case. The appeal of the respondent was time barred and the learned Commissioner committed illegalities while accepting the appeals of the respondent. Neither there is any plausible explanation for the delay nor there is a condonation by the competent forum. The learned Additional District Collector had appointed the petitioner in accordance with law and laid down procedure. It was also an admitted fact that the post remained vacant for a long period of 14 years and no one applied during this period. The petitioner is a young man and Matriculate by qualification and qualify for the position according to the law, rules and instructions on the subject.
4. The learned counsel for the respondent argued that the impugned order was passed in accordance with law because the petitioner does not belong to Village Khatana. The respondent is owner of land measuring 17 marlas only which is much less than five acres and is therefore ineligible for the post of Lambardar. He remained Sarbarah Lambardar of the village and was well conversant with the working of Lambardar in a village. The respondent in connivance with the revenue field staff managed fictitious reports surreptiously in his favour and maneuvered his appointment as Lambardar from the learned Additional District Collector who passed the impugned order in violation of the instructions issued by the Board of Revenue, Punjab issued vide Notification No,881-2010/397- LR-11, dated 20-4-2010. He further argued that more than 67 persons of the village submitted affidavits in support of the petitioner and the important facts in terms of the candidature regarding character, ability and influence were ignored which is not justified. With the above assertions he prayed that the revision petition may kindly be dismissed.
5. I have carefully perused the arguments of the learned counsel for the parties and perused the record available on the file. I have carefully analysed the orders of the subordinate courts. Section 36 of the Land Revenue Act. 1967 and Rules 16 and 17 of the West Pakistan Land Revenue Rules, 1968, read with notifications issued by the Board of Revenue, Punjab provide clear guidance and detailed procedure for the appointment of Village Headman/Lambardar. Board of Revenue has also issued instructions from time to time on account of installation of the right candidature for the Village Headman/Lambardar. The Board of Revenue, with the previous approval of the Government, makes rules to regulate the appointment of Village Headman/Lambardar. It is mandatory that sufficient number of Headman/Lambardar shall be appointed in every revenue estate. It has been held in 1984 CLC 2873 that on account of mere absence of Lambardar from the Revenue Estate, the learned District Collector can appoint a Lambardar to perform the functions. It has been held in 1992 SCM R 1977 referred in 2005 MLD 1963 that mere acquisition or pendency of criminal proceedings against a person do not disqualify him for the appointment as Lambardar. I have also consulted esteemed judgments of superior courts in PLD 1950 (Revenue) Punjab, 1996 M LD 120, PLD 1991 SC 531, 1992 SCM R 1977, 2004 CLC 197, PLD 199 SC 484, 2007 YLR 702, 2007 CLC 354, 2000 CLC 492,1988 M LD 744 and 2003 M LD 157. Rule 17 of the West Pakistan Rules, 1968 lays down six conditions for first appointment of Village Headman/Lambardar:---
(a) The hereditary claims of the candidate;
(b) Extent of property in the estate, if there are no sub-divisions 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) Service 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 of a headman is to be made:
(t) His ability to undergo training in Civil Defence in the case of headmen in Tehsil situated along the Border.
6 Rule 17(d) categorically highlights that the personal influence, character, ability and freedom from indebtedness are quintessential prerequisites for the appointment of Lambardar. Learned Commissioner, Rawalpindi Division, Rawalpindi has rightly held that the learned Additional District Collector, Jhelum should have appointed Lambardar in the light of the statutory provisions and instructions of the Board of ,Revenue. According to the instructions of Board of Revenue, Punjab:---
(i) On receipt of a proposal, regarding the appointment of a headman from the Tehsildar, the Collector shall hold "Ijlas-eAam" in the Revenue Estate and submit to the District Collector his report and recommendations concerning each item and the marks awarded to each candidate.
(ii) On receipt of a report and recommendations of the Collector, the District Collector shall give an opportunity of hearing to all the candidates, give his own findings on the report and recommendations of the learned Collector and pass orders regarding selection of the candidate keeping in view the marks obtained by each candidate according to the criteria laid down.
7. The learned. Additional District Collector did not appreciate the mandatory provisions of section 36 of The Land Revenue Act, 1967 and the instructions in Rules 16 and 17 of the West Pakistan Land Revenue Rules, 1968. The Revision Petition No,77 of 2012 is therefore dismissed and the decision of the learned Commissioner, Rawalpindi Division is upheld.
8. The learned Additional District Collector, Jhelum is directed to call fresh applications for appointment of Lambardar after following the due process of law and carry out the scrutiny of candidates as elucidated in Para 6/ante of the judgment under anvil. The learned District Collectors shall follow the procedure scrupulously since appointment of Lambardar is an important attribute for the revenue administration of the district. The post of Lambardar in a revenue estate is one of the most important variables, commanding crucial role in the pre-dominantly illiterate rural society. A good Lambardar appointed on merit could be extremely helpful to manage the change in the rural society. The failure to manage the change is unfortunately resulting in the segregation.
Polarization, disharmony and above all chaos, uncertainty and insecurity; all detestable evils and ugly menaces; all perpetual threat to the repose of society.
9. The position of Lambardar is of very high eminence and erudition according to the prevalent and traditional norms in rural D economy. The District Collector shall take utmost care and due diligence while making the appointment of Lambardar and shall not succumb to any political, personal or official pressure under any circumstances. The decision to appoint a person as Lambardar in a revenue estate .Is of pivotal importance since it is a leadership position and the very conferment of title of appointment as Lambardar entitles to certain privileges including high social status in the locale and a respectful identity with dignity in rural society. Apart from financial benefits, evidence in certain cases as witness and his/her representation in Police Stations and Courts as a reliable witness, the appointment as Lamhardar inter alia confers a sufficient importance of credibility to the status of person; once he/she is appointed to the position by the Revenue Administration of the District. High social cost though intangible but of immense recognition. Is also attached with the office of Lambardar in a revenue estate.
10. It is therefore, incumbent upon the District Collectors, to be cognizant of the importance of office of Lambardar and its intrinsic and extrinsic values and general externalities in terms of social recognition in an agro-based community in villages. The Lambardar in a village or revenue estate shall have the following qualifications, attributes and accoutrements:---
(i) He/She shall be literate and the higher qualification of the candidate' should be a plus point and clear competitive advantage.
(ii) He/She shall be a person of impeccable moral and financial integrity.
(iii) He/She shall not be a convict in any case from any court of competent jurisdiction in Pakistan or abroad.
(iv) He/She has not committed or engaged or had been engaged in the past in smuggling, theft, robbery, dacoity or any other crime or involved in anti-social activities reported to the Police; tentamounting to disturb the repose of society.
(v) He/She shall own the property in the revenue estate and shall be permanent resident of the village. Due weight should be given to the extent of land holding by the candidate when compared to other candidates from the village revenue estate.
(vi) He/She shall enjoy good reputation and shall have established eminence and erudition as a responsible member of the society.
(vii) He/She should have positive mental wiring and tapestries of mind have positive attitude toward the general public, and landowners.
(viii) His/her contribution towards the welfare of the community must be weighed in quantifiable and verifiable terms, judged from independent sources by the District Collector.
(ix) He/She must enjoy the privilege of commanding respect and trust in his/her person as a member of the community in a revenue estate.
(x) He/She should have the right potential to prefer evidence based on truth and assist the district administration while operating against anti-social and anti-State elements.
(xi) He/She should be neutral and apolitical person.
11. The importance of public offices in Pakistan, have become of crucial importance than ever before keeping in view the challenges of mismanagement disorder and rent-seeking. In addition to the effective service delivery with the optimal utilization of available resources, the ugly menaces of terrorism, extremism and anti-social elements have surfaced in the recent past. The current state of affairs demands selection to each and every position both for public and official offices by engaging the people with the highest level of capability intelligence and social erudition. In rural areas the position of Lambardar in a Revenue Estate is one of the positions that needs to be filled by the Revenue Administration of the district very carefully since former can play an effective role not only in dissemination of information but also in maintaining the repose of society and reliable reporting on the anti-State and anti-social activities in the local jurisdiction to the respective quarters.