ORDER SHAHZAD HASSAN PERVEZ, MEMBER (JUDICIAL-I)- Rule 17 of the Land Revenue Rules, 1968 prescribes matters to be considered for first appointment to the office of Lambardar. This rule provides guidelines to District Collector for appointment of a suitable person to perform duties of Lambardar of an estate or sub-estate as laid down in Rule 22 of the Rules ibid.
2. The appointment of Lambardar, as has been held in 1972 SGMR 253, 1971 SCM R 719 and PLD 1964 W.P. (Rev.) 128 is essentially an administrative measure and no claim to that office could be laid as of right.
3. Muhammad Ismail filed titled revision petition against the order of Commissioner, Sargodha Division dated 18.3.1993. During the pendency of this revision, he died. The point which emerged thereafter was whether upon death of revision petition, his heirs could step into the shoes of the deceased in order to pursue the revision petition. The rule referred to at para 1 clearly states that office of Lambardar is in the nature of an agent of the Government to perform laid down functions.
Appointment of one person as Lambardar by District Collector cannot in law be considered as infringement of rights of another aspirant who may have equal qualifications. Since no legal right had accrued to Muhammad Ismail by merely filing appeal against order of District Collector whereby the respondent was appointed as Lambardar, therefore, his heirs will not be deemed to live the right to sue upon the death of the petitioner. Resultantly, the revision petition abates which is accordingly ordered.