LPA no. 26 of 2025 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA no. 26/2025 CM (877/2025) CM (878/2025) Reserved on: 02.07.2025 Pronounced on: 11.07.2025 Residents of village Gowari through Muzaffer Hussain …. Appellant(s) Through: Mr Siddant Gupta, Advocate V/s UT of J and K through Commissioner Secretary Rural Development Department and others … Respondent(s) Through: Mr S. S. Nanda, Sr. AAG Ms Rozina Afzal, Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE JUDGMENT Per-Oswal ‘J’. CM No. 878/2025: 1. This is an application seeking leave to file the Letters Patent Appeal against the judgment dated 8th November, 2024, passed by the learned Single Judge in a writ petition bearing WP (C) no. 2655/2024. It is contended by the applicants that they had filed a writ petition bearing WP (C) NO. 2311/2024 for directing the official respondents therein to conduct elections for the post of Lamberdar in village Gowari in terms of J&K Lamberdari Rules, 1980 read with SRO 412 dated 29.09.2017, which was disposed of by the learned Writ Court vide order dated 16th October, 2024, by directing the official respondents to consider the claim of the applicant in terms of judgment dated 30th August, 2024 and commence the exercise of election for the post of Lamberdar as per law, but the private respondent, without arraying the applicants as party, filed a writ petition bearing WP (C) no. 2655/2025 which was disposed of by learned Single Judge vide order dated 8th November, 2024. 2. The applicants are the residents of village Gowari of which the private respondent no. 5 has been appointed as Lamberdar, therefore, leave is granted to Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document LPA no. 26 of 2025 the applicants to file the intra court appeal against the judgment dated 8th November, 2024. 3. CM is disposed of. CM no. 877/2025 1. Heard learned counsel for the parties. As the applicants were not arrayed as respondents in the writ petition filed by respondent no. 5 and they have been permitted to file the appeal against the judgment dated 8th November, 2024 passed by the learned Single Judge, therefore, the application seeking condonation of delay caused in filing appeal is allowed. 2. CM is disposed of. LPA no. 26/2025 1. This Intra Court Appeal is directed against the judgment dated 8th November, 2024, passed by the learned Single Judge, whereby, the learned Writ Court has disposed of the writ petition preferred by the respondent no. 5 by directing the appointing authority not to remove the petitioner from being the substitute Lamberdar without following due course of law. 2. The appellants have assailed the impugned judgment dated 8th November, 2024, on the ground that earlier they had filed a writ petition WP (C) no. 2311/2024, wherein, the respondent no. 5 was also one of the respondents and the same was disposed of vide order dated 24th October, 2024, however, the respondent no. 5 did not array the appellants as respondents while filing a writ petition bearing WP (C) no. 2655/2024 which was disposed of by the learned Single Judge vide judgment impugned in this LPA. 2. Precisely the grievance of the appellants is that the private respondent had concealed material fact with regard to the filing and disposal of a writ petition WP (C) no. 2311/2024 while filing the writ petition, which was disposed of by the writ court in terms of the impugned judgment as such the judgment dated 8th November, 2024 is not sustainable in the eyes of law. 3. Learned counsel for the appellant has reiterated the submissions as noted above. 4. Mr S. S. Nanda, learned Sr. AAG, submitted that appropriate orders may be passed 5. Ms Rozina Afzal, learned counsel for respondent no. 5, has submitted that in terms of Sub Rule 5 of Rule 16 of J&K Lamberdari Rules, a right has been vested in the private respondent to continue as Lamberdar till death or till the general elections in terms of Rule 14 of the Rules (supra) are conducted. She has further Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document LPA no. 26 of 2025 submitted that SRO 412 of 2017 by virtue of which the said sub rule was deleted, has been stayed by the learned Single Judge in the Srinagar wing of this Court. 6. Heard and perused the record. 7. The writ petition preferred by respondent no. 5 was disposed of vide impugned judgment in terms of following directions: “8. The petition, in view of the factual background pleaded and the legal position and the submissions made by the learned counsel for the petitioner at the Bar, is disposed of at this stage with a direction to the appointing authority not to remove the petitioner from being a substitute Lambardar without following due course of law.” 8. The writ petition preferred by the appellants was disposed of vide order dated 16th October, 2024, in terms of the following directions:- “5. With the consent of learned counsel for the parties and keeping in view the facts and circumstances of the case, the instant wit petition is disposed of, at the threshold, with a direction to the respondents to consider the claim of the petitioner in terms of judgment dated 30.08.2024 and commence the exercise of election to the post of Lamberdar, strictly under rules and as per law, within a period of six weeks from the date a certified copy of this order alongwith complete set of writ petition is made available to the respondents.” 9. Perusal of the impugned judgment dated 8th November, 2024, reveals that the direction has been issued to the appointing authority not to remove the petitioner from being substitute Lamberdar without following due course of law whereas, the operative part of the order dated 16th October, 2024 passed in WP (C) no. 2311/2024 reveals that the official respondents have been directed to commence the exercise of election to the post of Lamberdar, strictly under rules and as per law. 10. The perusal of the writ petition filed by the respondent no. 5 reveals that appointment of respondent no. 5 as Lamberdar for village Gowari, was temporary. The mere fact that SRO 412 of 2017 has been stayed by the learned Single Judge of this Court would not improve the status of the respondent, who was appointed as a temporary Lamberdar. Even the term of office of an elected Lamberdar in terms Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document LPA no. 26 of 2025 of unamended rules under ordinary circumstances cannot exceed the period of five years. 11. In fact we do not find that the judgment impunged in this appeal can come in the way of the official respondents to conduct the election for the office of Lamberdar for village Gowari. The learned Single Judge while disposing of the writ petition preferred by the private respondent vide judgment dated 8.11.2024 has not restrained the official respondents from holding the election of Lamberdar for village Gowari. As the appointment of the respondent no. 5 is temporary, he cannot continue as Lamberdar for indefinite period. Elections are required to be held in accordance with Lamberdari Rules of 1980. 12. Viewed thus, while upholding the impugned judgment dated 8th November, 2024, this appeal is disposed of by directing the official respondents to conduct the election for the post of Lamberdar for village Gowari within a period of three months from the date a copy of this order is served upon the official respondents. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu 11.07.2025 Amjad Lone, Secretary Whether the judgment is reportable: Yes/ No. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document