MUHAMMAD SHAFFI vs MEMBER (REVENUE), BOARD OF REVENUE, PUNJAB, LAHORE AND 2 Other
This petition for leave to appeal arises from a dispute regarding the appointment of a Lambardar. The petitioner challenged the Collector's decision to appoint a rival candidate, respondent No. 3, as Lambardar, which was upheld through the administrative hierarchy and subsequently challenged via a writ petition in the High Court. The High Court dismissed the writ petition in limine, prompting the petitioner to approach the Supreme Court. The core legal question was whether the appointment of a Lambardar creates a vested right that is justiciable through a writ petition. The Supreme Court, relying on its precedent in Abdul Wahid v. The Member, Board of Revenue, Punjab and another (1971 SCMR 719), held that the office of a Lambardar is essentially an administrative measure rather than a post to which a candidate can lay a claim as a matter of right. Consequently, the Court affirmed the High Court's decision to dismiss the writ petition, establishing the principle that appointments to the office of Lambardar are administrative in nature and not subject to judicial interference as a matter of right.
- Is the appointment of a Lambardar a matter of right that can be enforced through a writ petition?
- Does the office of a Lambardar constitute an administrative measure?
ORDER
1. SALAHUDDIN AHMED, J.-The petitioner was one of the two candidates for the appointment of Lambardars. The other candidate was respondent No: 3, Taj Mohammed. On a comparative study of the merits of the two candidates the Collector, by his order dated 27-4-1970, appointed respondent No. 3, Taj Mohammed. The petitioner felt aggrieved by this appointment, and approached the High Court on a writ petition.
2. This Court in the case of Abdul Wahid v. The Member, Board of Revenue; Punjab and another (1971 SCMR719) has taken the view that the office of a Lambardar was essentially an administrative measure and no claim to that office could be laid as of right. The High Court was, therefore, right in dismissing in limine the petitioner's writ application.
3. The petition is accordingly dismissed.
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