SWP No. 1127/2013 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU SWP No. 1127/2013 IA Nos. 3618/2013 & 1636/2013 Date of pronouncement : 31.01.2026 Uploaded on : 31.01.2026 Kamlesha Devi ….Petitioner Through:- Mr. P. N. Bhat, Advocate. V/s State of J&K & Ors. …..Respondents Through:- Ms. Jagmeet Kour, Assisting Counsel vice Mr. Raman Sharma, AAG. \ CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 01. Through the medium of the present writ petition, the petitioner has challenged resolution dated 28.04.2013 adopted by the Panchayat of Halqa Inharrah district Doda, whereby it has been resolved that the petitioner, who is working as a Cook in Govt. Primary School, Toti, may be asked to donate 10 Marlas of land so as to continue working as Cook in the said school. 02. Heard and considered. Serial No. 05 Regular List SWP No. 1127/2013 03. It appears that the petitioner was engaged as a Cook in Govt. Primary School, Toti on the recommendations of Village Level Committee, as approved by official- respondents in terms of order dated 28.03.2009. It also appears that the petitioner continues to work as such in the aforesaid school. In the meantime, the village Panchayat adopted impugned resolution dated 28.04.2013 whereby they have resolved that the petitioner should donate 10 Marlas of land or pay the market value of the said land so as to continue working as a Cook with the aforesaid school. 04. The official-respondents have filed reply to the writ petition in which it has been submitted that father-in- law of the respondent No. 5 has donated the land for establishing the school-in-question without any pre-condition and without any assurance from the official-respondents with regard to engagement of any family member as Cook or any other employee in the school. It has been submitted that son of the land donor has already been engaged as a Sweeper/Waterman in the said school. According to the official-respondents, the resolution adopted by the Panchayat has not been confirmed by them nor the same has been acted upon. SWP No. 1127/2013 05. So far as the impugned resolution adopted by the Panchayat is concerned, the same, it appears, does not have any legal sanctity for the reason that there is no pre- condition for engagement of a Cook to either donate the land or to deposit the value thereof. The official-respondents have made it clear that land for establishment of the school was donated by the father-in-law of the respondent No. 5 without any pre-condition. In this view of the matter, the impugned resolution does not have any legal sanctity. Even otherwise the official-respondents, as per their stand, have not acted upon the said resolution nor have they confirmed it. 06. In view of the above, the writ petition is allowed. The impugned resolution passed by the Panchayat is quashed and the official-respondents are directed to allow the petitioner to function as Cook in the school in accordance with the terms of her engagement. 07. Disposed of along with connected applications. (SANJAY DHAR) JUDGE JAMMU 31.01.2026 Bunty Whether the order is speaking: Yes Whether the order is reportable: No Bunty Kumar 2026.01.30 21:38 I attest to the accuracy and integrity of this document