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1989 SCMR 614

MUHAMMAD RAMZAN vs MEMBER (REVENUE) BOARD OF REVENUE and others

Citation1989 SCMR 614
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,760 of 1983
Date1988-11-15
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave to appeal refused

ORDER

1. ' JAVID IQBAL, J.--This petition for leave is directed against judgment of the Lahore High Court Multan Bench dated 30th March, 1983 whereby writ petition of the petitioner was dismissed.

2. ' Briefly the facts are that the Collector appointed Haji Bahadur as Lambardar in a vacancy. On appeal the Commissioner appointed the present petitioner as Lambardar. In revision the Member Board of Revenue set aside the order of the Commissioner and upheld the order of Collector, whereupon the petitioner challenged it by way of writ petition which was dismissed as stated above on the ground that it was essentially a matter of selection and the selection of one over the other when both were eligible by competent authority cannot be considered an act without lawful authority. We do not find any flaw with this ' conclusion as the selection of a better candidate depends on the discretion of the competent authority. The petition is therefore dismissed.

3. ' Leave to .

Cited by 2 cases

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