SHARAF DIN vs Qazi ABDUL JALIL And Another
This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court, which had dismissed a constitutional petition challenging the appointment of a Lambardar. The core legal question before the Supreme Court was whether the High Court ought to interfere with the selection of a Lambardar made by statutory functionaries. The Supreme Court upheld the High Court's decision, affirming that the High Court correctly declined to substitute its own view for that of the competent statutory authorities in matters concerning the appointment of a Lambardar. The Court relied on established jurisprudence, noting that judicial restraint is appropriate when reviewing the discretionary selection process of such functionaries. Consequently, the Court held that there was no merit in the petitioner's challenge and refused the leave to appeal, reinforcing the principle that courts should not interfere with the administrative discretion of revenue authorities in Lambardari appointments absent compelling legal error.
- Should the High Court substitute its own view for that of statutory functionaries in the selection of a Lambardar?
- Is the appointment of a Lambardar a matter subject to interference by the High Court in its constitutional jurisdiction?
ORDER
MUHAMMAD AFZAL ZULLAH, J.--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 SCMR 253; Muhammad Warrayam v. Member Board of Revenue, Punjab and 3 others 1972 SCMR 354; Abdul Wahid v. The Member, Board of Revenue, Punjab and another 1971 SCMR 719; Allah Ditta v. Mian Nasir Ahmad and another PLD 1973 Lah.
359; and Dhani Khan v. M.Z: Khan, Member, Board of Revenue, West Pakistan and another PLD 1963 (W.P.) Lah. 538. Looked at from whatever angle there is no force in this petition. Therefore, leave to appeal in refused.
Cited by 8 cases
- ZAKA ULLAH vs MEMBER BOARD OF REVENUE, ETC 2017 LHC 3992
- ABDUL MAJEED vs MEMBER (JUDICIAL-II) BOARD OF REVENUE PUNJAB, LAHORE 2006 PLJ Lahore 432
- LIAQAT ALI vs SENIOR MEMBER/MEMBER (REVENUE), BOARD OF REVENUE, 2001 CLC 544
- Ch. ASGHAR ALI vs MEMBER, BOARD OF REVENUE and others 1993 CLC 858
- MUHAMMAD MAROOF vs MUHAMMAD ASHRAF and 2 others 1992 CLC 249
- SARDAR MUHAMMAD vs MUHAMMAD HAFIZ and another 1989 SCMR 1941(1)
- NOOR MUHAMMAD Versus MEMBER (REVENUE), BOARD OF REVENUE, PUNJAB, LAHORE 1988 CLC 161
- LIAQAT ALI vs SENIOR MEMBER/MEMBER (REVENUE) BOARD OF 2001 C.L.R. 300