TILAK RAJ v. RAJESH SHARMA, DEPUTY COMMISSIONER KATHUA AND ANOTHER
CCP(S)/323/2025 · 2025-12-05
Rajnesh Oswal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 14020 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14020 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 103 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 905/2025 c/w CCP(S) No. 323/2025 WP(C) No. 1591/2025
Shan Ali Alias Shain Ali …. Petitioner(s)
Through:- Mr. Jagpaul Singh, Advocate.
V/s
UT of J& K and Anr. …..Respondent(s)
Through:- Ms. Monika Kohli, Sr. AAG.
CORAM : HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
ORDER 05.12.2025
WP(C) No. 1591/2025 c/w CCP(S) No. 323/2025
1. In terms of order dated 08.09.2018, the petitioner was appointed as Lumberdar temporarily under Rule 11 of J&K Lumberdari Rule 1980 till the holding of election by the competent authority. The petitioner was dismissed from the office of Lumberdar vide Order dated 10.06.2025 on the premise that he has participated in political activities and, was instigating the local residents against the Department in some Sarthal land grabbing case of Survey No. 142, and filing multiple cases against Revenue Department to encroach State land comprising Survey No. 124 of Village Lavang.
2. Ms. Monika Kohli, learned Sr. AAG submits that the respondents be permitted to hold elections for the office of Lumberdar within some stipulated period.
3. Vide order dated 24.06.2025, the order in respect of dismissal of the petitioner was stayed. The appointment of the petitioner was temporary and he has continued as Lumberdar for seven long years. The petitioner, as such, cannot be allowed to continue as Lumberdar for an indefinite
Bail App No. 352/2025
2
period, therefore, this Court deems it proper to dispose of this petition by directing the respondents to conduct the elections for the office of Lumberdar for village Lavang, Tehsil Bani and till the elections are held, the order dated 24.06.2025 shall continue to remain in operation.
4. In view of the disposal of the main petition, the contempt proceedings are closed.
WP(C) No. 905/2025
1. On request made by Mr. Jagpaul Singh, learned counsel, the matter is adjourned.
2. List on 19.12.2025.
3. Meanwhile, interim directions, if any, to continue.
(Rajnesh Oswal) Judge JAMMU 05.12.2025 NEHA-1
Neha Kumari 2025.12.09 13:27 I attest to the accuracy and integrity of this document