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MUHAMMAD HUSSAIN versus RAHIM KHAN


Punjab Land Revenue Act 1887 The Punjab Land Revenue Act (XVII of 1887) Appointment The temporary timber holder shall not be given any unlawful weight at the time of permanent appointment.

P. L. D. (Rev.) 1949 West Punjab 29

Before Akhtar Hussain. Financial Commissioner

MUHAMMAD HUSSAIN‑Applicant

Versus

RAHIM KHAN Respondent

Revision No. 38 of 1948‑49, from the order of the Commissioner, Multan, dated 4th May

1949.

(

a) Punjab Land Revenue Act (XVII of 1887)

S. 28‑Appointment of Lambardar‑‑Choice of Collector ordinarily not to be interfered with.

The choice of the Collector in the matter of appointment of lambardars should not ordinarily be interfered with even by the Commissioner.

(b) Punjab Land Revenue Act (XVII of 1887)

‑Appointment temporary Lambardar‑No undue weight will be given to such Lambar dar at the time of permanent appointment.

Appointment will be revised as soon as quasi‑permanent re‑settlement of refugees on land has been completed. When that happens undue weight will not be given to the so called pre‑emptive rights that the temporary lambardar might allege to have secured in the meantime.

ORDER

Akhtar Hussain, F.C.

---‑This is a petition for revision against the order, dated 4th May, 1949 passed by the Commissioner Multan Division, whereby he upheld the order of the Collector Haveli, Project, Multan, dated 5th Novem ber, 1948 appointing Rahim Bux Khan as lambardar of Chak. No. 675 G.B. and creating an other post and appointing Altaff Hussain respondent thereto No interference in the order appealed against is called for. The reasons are :‑

(1) It has consistently been held by the Financial Commissioners that the choice of the Collector in the matter of appointment of lambardars should not ordinarily be interfered with even by the Commissioner. In the present case the Commissioner has also upheld the choice of the Collector There is, therefore, no justification for me to upset this unanimous finding.

(2) The appointment made is of a purely temporary nature. All such appointments will be revised as soon as quasi‑permanent resettlement of refugees on land has been completed. When that happens undue weight will not be given to the so‑called pre‑emptive rights that he temporary lambardar might allege to have secured in the meantime.

In short I see no ground for interference and reject the petition.

K. M. A. Petition rejected.

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