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2025 DAILYLAW 2492 (JK)

ZARINA BEGUM v. U T OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPTT AND OTHERS

WP(C)/627/2023 · 2025-08-08

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

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26 HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU WP(C) No. 627/2023(O&M) Zarina Begum …..Appellant(s)/Petitioner(s) Through: Mr. Liaqat Ali, Adv. vs Union Territory of J&K and others .…. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 08.08.2025 1. The petitioner was appointed as Lambardar of Village Challas, Tehsil and District Rajouri vide order dated 31.12.2009 and the said order was valid till further orders. 2. The petitioner being aggrieved of order dated 29.01.2023 to the extent of proposing the name of respondent No. 5 as Lambardar for Village Challas, Tehsil and District, Rajouri, has filed this petition for quashing the same being contrary to the Rule 16(5) of the J&K Lambardari Rules, 1980 and has also sought a direction to the official respondents to permit her to perform the duties of Lambardar for the said village in terms of aforesaid rules. 3. The respondents have filed the reply stating therein that the petitioner is not performing her legitimate duties regularly to protect the State land from encroachment and failed to inform the concerned revenue 2 WP(C) No. 627/2023 officers/officials well in time with regard to the encroachment of the State Land as a result of which, large quantum of State land got encroached by the illegal occupants. After receiving the reports from the functionaries, respondent No. 4 vide order dated 08.02.2023 recommended the dismissal of the petitioner as Lambardar of village Challas and the respondent No. 2 vide order dated 08.02.2023 issued the dismissal order in respect of the Lambardar of Village Challas and consequent upon her dismissal, vide order dated 10.02.2023, the respondent No. 5 was temporally appointed as Lambardar. The petitioner has neither assailed the order of her dismissal dated 08.02.2023, nor the order dated 10.02.2023, whereby the respondent No. 5 was appointed as Lambardar. 4. In view of the above, the present petition has no merit and the same is dismissed. However, as the respondent No. 5 has been appointed as Lambardar for a fixed period, the official respondents are directed to hold elections for the post of Lambardar of Village Challas, Tehsil and District, Rajouri within a period of three months from the date of receipt of copy of this order. 5. Interim direction, if any, shall stand vacated. (Rajnesh Oswal) Judge JAMMU 08.08.2025 Rakesh PS Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No