21/06/2022
Lumberdari case
The issue in hand pertains to selection of Lumberdar, which per settled law is purely an administrative post of its own class. It neither can be termed as profession nor a post against any profit, rather the Headman who holds an honorary post acts as bridge inter se the landowners and Revenue Authority, that is why, not a vested right of any person to claim his selection against said post. It, indeed, is the choice of Revenue Authority to appoint a suitable candidate per yardstick set out in rule 17 of the Land Revenue Rules, 1968 for discharging the obligations assigned to him via terms of its rule 22. The object thereof would be that person best suited for the said post should be committed to facilitate the administration, so that command & control over the State land, Exchequer besides other affairs could be maintained.
Thus, left no doubt that hereditary claim is not the sole criteria to select the lumberdar, rather basic object is to appoint the most suitable person among eligibles. The available record stands for that post in hand, in fact fell vacant, when previous lumberdar per his disqualification was removed. The right of heritage (hereditary claim) germinates, if a predecessor leaves his belongings, whereas in this case neither the outgoing lumberdar died nor said post remained with him, rather process for appointment of new incumbent might have been initiated/completed after removal of the last one during his lifespan wherein he himself could not compete, then how the same could be demanded by his nephew/respondent No.7 as legacy.
Writ Petition-Land-Lamberdari
3360-18
ALLAH NAWAZ KHAN VS
MBR ETC
Mr. Justice Ch. Muhammad Masood Jahangir
21-10-2021
2021 LHC 9830
