ALL INDIA LUMBERDARS ASSOCIATION TH.ITS SECRETARY v. UNION TERRITORY OF J AND K TH.CHIEF SECRETARY (REVENUE) ( DB - II )
LPA/200/2025 · 2025-12-03
Sanjay Parihar, Sanjeev Kumar
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 10406 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 10406 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial no. 4 Regular cause list
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
LPA 200/2025 in [WP(C) 144/2024] CM (5390/2025) ALL INDIA LUMBERDARS ASSOCIATION TH.ITS SECRETARY
…Appellant/Petitioner(s)
Through: Mr. Z.A. Qureshi, Sr. Advocate Vs.
UNION TERRITORY OF J AND K TH.CHIEF SECRETARY
…Respondent(s) Through: Mr. M. Younis Hafiz, Assisting Counsel vice Mr. Mohsin Qadri, Sr. AAG.
CORAM:
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER 03.12.2025
1. Impugned in this intra-court appeal filed by the appellant under Clause 12 of the Letters Patent, is an order and judgment dated 24th July, 2025 passed by the learned Single Judge of this Court [the Writ Court] in a batch of petitions including WP(C) No. 144/2024 titled “All India Lumberdars Association vs. Union Territory of Jammu and Kashmir and Ors”, whereby the Writ Court has dismissed the batch of petitions including the writ petition filed by the appellant having found the same devoid of any merit.
2. That a similar judgment relying upon the impugned
judgment has already been upheld by a Division Bench of this Court on 9th October, 2025 passed in LPA NO. 213/2025 c/w LPA No. 214/2025.
3. Mr. Z.A. Qureshi, learned Senior Counsel for the appellants, would fairly submit that so far as the relief Nos. 1,
2, and 5 are concerned, same are covered by the Division Bench judgment (supra). However, he would argue that the appellants had also prayed for a direction to the respondents to release the pending honorarium from February, 2023 till they were serving as Lumberdars, but the said prayer has not been adverted to by the High Court.
4. Having heard learned counsel for the parties and perused the material on record, it is necessary to first set out the prayer clause in the writ petition filed by the appellant which reads thus. i. Writ of certiorari, seeking quashing the order reference No. 132/NAZAR/TA dated 22.11.2023 whereby all Lumberdars of Aripal District Pulwama have been asked to handover the seal to the respondents. ii. Writ of Mandamus, directing the respondents not to compel the existing Lumberdars to tender resignation or to forcibly had over the seals by respondents. iii. Writ of Mandamus, directing respondents to consider the enhancement of remuneration/honorarium as was done in
order uphold the dignity/status of Lumberdars. And to bring Lumberdars of U.T of J&K at par with the Lamberdars of the country. iv. Writ of Mandamus, directing respondents to release the pending honorarium from February, 2023 to till date in favour of the existing Lumberdars who are serving as Lumberdars. v. Writ of Mandamus, directing the respondents to streamline the engagement of Lumberdars or in alternate order or election for the post of Lumberdar in entire union territory of J&K.
5. So far as the prayer Nos. (i), (iii) & (iv) are concerned, the same could not be granted in favour of the appellant for the reason that the same are covered by our judgment passed in LPA No. 213/2025 c/w LPA No. 214/2025. The petitioners are not entitled to continue as Lumberdars beyond the age of 60 years. Since all the appellants have either crossed the age of 60 years or have been removed, the aforesaid reliefs have become infructuous and incapable of being granted. So far as the prayer of the appellants seeking release of pending honorarium from February, 2023 onwards is concerned, the same needs to be adverted to and considered by the Writ Court after inviting objections from other side.
6. To the aforesaid extent, we are persuaded to interfere with the judgment of the learned Single Judge passed in WP(C) No. 144/2024.
7. For the foregoing reasons, this appeal is party allowed and the writ petition is remanded to be considered by the Writ Court afresh in respect of prayer Clause No. (iii) & (iv) only.
8. The appeal in respect of the rest of the reliefs is found devoid of any merit and the same is accordingly dismissed.
9. Registry shall take steps for listing WP(C) 144/2024 before the Single Bench on 6th February, 2026.
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE
JUDGE
SRINAGAR: 03.12.2025
“Shahid Manzoor”