ABDUL MAJEED MIR v. UNION TERRITORY OF J AND K AND OTHERS. (REVENUE DEPARTMENT)
WP(C)/1627/2023 · 2025-08-12
Rajnesh Oswal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 15092 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15092 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
Reserved on 23.05.2025 Pronounced on 12.08.2025
WP(C) No. 1627/2023(O&M)
Abdul Majeed Mir
…..Appellant(s)/Petitioner(s)
Through: Mr. Gulzar Ahmed Bhat, Adv.
vs
Union Territory of J&K and others .…. Respondent(s)
Through: Mr. Illyas Nazir Laway, GA
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
JUDGMENT
1. The petitioner was appointed as Lambardar on temporary basis of Village, Mamoosa, Tehsil Pattan, District Baramulla. The petitioner, through the medium of present petition, has impugned the appointment of respondent No. 6 as Lambardar. It is contended by the petitioner that he had also filed an application for appointment as a Lambardar but the official respondents by evading the entire selection of Lambardars, appointed respondent No. 6 as Lambardar for the above mentioned village. 2. The petitioner claims to have submitted various representations, but all in vain, which prompted the petitioner to file the instant petition for commanding the respondents to allow him to continue his duties as Lambardar of Village Mamoosa and further restraining the private respondent from performing his duties as proposed Lambardar of Village Mamoosa. 3. The official respondents have filed the response, stating therein that the appointment of Lambardar has been made by following due process in which the applications were received only from those candidates who were fulfilling
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all the requisite formalities mentioned in the J&K Lambardari Act, Rules of
1980. In Village Mamoosa, four applicants submitted their applications for the post of Lambardar, out of which two applicants, namely, Abdul Majeed Mir, petitioner herein and Nusrat Sultan were found in possession of Kah charie land, who were not considered for the post of Lambardar. Since the post of Lambardar is a very essential in Revenue Department for verifying day to day matters and reports regarding the crucial issues, as such, the post cannot be kept vacant. Further the Panchayat Committee had recommended name of Abdul Majeed Mir S/o. Assadullah Mir R/o. Mamoosa i.e respondent No. 6 for appointment of Lambardar on temporary basis subject to fulfilment of all the requirements laid down under J&K Lambardari Act and the Rules. 4. After perusing the record, this Court finds that as per the stand of the official respondents, the petitioner was found in possession of Kha charie land and was not considered for the post of Lambardar. 5. In view of the above, the present petition is found to be misconceived, the same is dismissed with a direction to the official respondents to conduct elections for the post of Lamberdar of Village Mamoosa, Tehsil Pattan, District Baramulla within a period of three months from the date of receipt of copy of this order.
(Rajnesh Oswal) Judge SRINAGAR 12.08.2025 Rakesh PS
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No