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Civil Petition for Special Leave to Appeal No. 463 of 1978, decided on 3rd February, 1986.
(From judgment of Lahore High Court, Lahore, dated 6‑6‑1978 in Writ Petition No. 2878 of 1978).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185(3)‑‑Petition for leave to appeal‑‑Appointment of Lambardar‑ High Court declining to interfere with order of appointment of Lambardar, rejecting points on merits on ground that it would not substitute its view for that of statutory functionaries particularly when it was question of selection of Lambardar‑‑View taken by High Court being sound, leave to appeal refused.
Muhammad Shaffi v. Member (Revenue) Board of Revenue, Punjab and 2 others 1972 S C M R 253; Muhammad Warryam v. Member, Board of Revenue Punjab and 3 others 1972 S C M R 354; Abdul Wahid v. The Member, Board of Revenue, Punjab and another 1971 S C M R 719; Allah Ditta v. Mian Nasir Ahmad and another P L D 1973 Lah. 359 and Dhani Khan v. M.Z. Khan, Member, Board of Revenue, West Pakistan and another P L D 1963 W.P. (Lah) 538 rel.
Nemo for Petitioner.
Nemo for Respondents.
Date of hearing: 3rd February, 1986.
Leave to appeal has been sought from judgment dated 6‑6‑1978 of the Lahore High Court whereby a Constitutional petition seeking the reversal of an order of appointment of Lambardar, was dismissed.
2. Besides rejecting the points on merits raised from the petitioner side the learned Single Judge observed as follows:‑
"This Court on the other hand has never substituted its view for that of the statutory functionaries particularly when it is the question of selection of Lambardar."
3. This view has the support of decided cases. See Muhammad Shaffi v. Member, Revenue Board of Revenue, Punjab and 2 others 1972 S C M R 253; Muhammad Warrayam v. Member Board of Revenue, Punjab and 3 others 1972 S C M R 354; Abdul Wahid v. The Member, Board of Revenue, Punjab and another 1971 S C M R 719; Allah Ditta v. Mian Nasir Ahmad and another P L D 1973 Lah. 359; and Dhani Khan v. M.Z: Khan, Member, Board of Revenue, West Pakistan and another P L D 1963 (W.P.) Lah. 538. Looked at from whatever angle there is no force in this petition. Therefore, leave to appeal in refused.
M.Y.H. Leave refused.
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