HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on: 30.05.2025 Pronounced on: 08 .08.2025 WP(C) No. 735/2023 CM No. 1795/2023 1. Gurdyal Singh (age-60 years) S/O Sh. Sewa Ram, R/O Chack Bakhan, Tehsil Ramgarh, District Samba. 2. Bahadur Lal; (age-60 years) S/O Sh. Munshi Ram, R/O Chack Paras, Tehsil Ramgarh, Distt. Samba. 3. Darshan Singh(age 65 years) S/O Sh. Mehar Singh R/O Chack Balotea Mohra Kullian, Tehsil Ramgarh, Distt. Samba 4. Bawa Singh (age-60 years) adopted S/O Sh. Chuni Lal R/O MaharajPura, Tehsil Ramgarh, Distt. Samba. 5. Balwan Singh (age- 74 years) S/O Sh. Atma Singh, R/O Dabooj, Shahrada, Tehsil Ramgarh, District Samba. 6. Ram Lal (Age 72 years) S/O Sh. Sanghu Ram, R/O Tradni Jamura Tehsil Ramgarh, District Samba 7. Asha Ram (age 72 years) S/O Sh. Kanshi Ram, R/O Trandi Singara, Tehsil Ramgarh, District Samba 8. Balbir Singh (Age 72 years) S/O Sh. Laxman Singh, R/O H.No.26, W.No.8, Village Ramloo Rasolian, Tehsil Ramgarh, District Samba. 9. Tarlok Nath (Age 63 years) S/O Sh. Waikunth Nath, R/O JarhAbtal, Tehsil Ramgarh, District Samba. 2 WP(C) No. 735/2023 10. Kulwant Singh (Age- 71 years) S/O Sh. Bagwan Singh, R/O Jagatpur, Tehsil Ramgarh, District Samba. 11. Kewal Ram (Age 81 years) S/O Sh. Major Singh, R/O Dhupsari, Tehsil Ramgarh, District Samba. 12. Dhunda Singh (Age- 77 years) S/O Sh. Bhola Singh, R/O Govind Garh, Tehsil Ramgarh, District Samba. 13. Janak Singh (Age-90 years) S/O Sh. Deva Singh, R/O Nanga, Tehsil Ramgarh, Distt. Samba. …..Appellant(s)/Petitioner(s) Through: Mr. Rakesh Chargotra, Advocate. vs 1. Union Territory of J&K through Commissioner-Secretary, Department of Revenue, Civil Secretariat, J&K, Jammu. 2. Deputy Commissioner, Samba 3. Tehsildar, Ramgarh .…. Respondent(s) Through: Mrs. Monika Kohli, Advocate. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE JUDGMENT 1. The petitioners, who have crossed the age of 60 years and one of them has even crossed the age of 90 years have filed this petition jointly for quashing the orders each dated 17.02.2023 whereby they have been dismissed from the posts of Lambardars of villages Chak Bakhan Kani, Chak Paras, Kullian, Maharaj Pur, Dabuj Shazada, Trindi Zamoora, Trindi Sangara, Ramloo Rasodian, Jar Abtal, Jagatpur, Dhup Sari, Govindgarh and Najwal of Tehsil Ramgarh, District Samba respectively. The petitioners have further prayed for directing the 3 WP(C) No. 735/2023 respondents to allow them to continue as Lambardars in their respective villages in terms of Rule 16(5) of Jammu & Kashmir Lambardari Rules 1980. The orders have been impugned on the ground that no opportunity of hearing was afforded to the petitioners before their dismissal and as such they have been condemned unheard. 2. The respondents have filed the response stating therein that the working of the petitioners along with other Lambardars was reviewed in a meeting held on 25.01.2023 with the revenue field functionaries, to whom the Lambardars are required to give assistance in discharge of duties, and it was found that the petitioners and others were not able to properly discharge their duties. Accordingly, the petitioners were dismissed from the post of Lambardars of their respective villages. 3. Heard learned counsel for the parties and perused the record. 4. In case titled Bashir Ahmed Teli Vs State of J&K & others passed in OWP No. 1809/2017 along with clubbed matters, this Court has already held that no vested right exists in Lambardars, who are appointed otherwise than by election to continue as Lambardar till the elections are held. In terms of Rule 16 of the Jammu & Kashmir Lambardari Rules, 1980, even an elected Lambardar can hold the post of Lambardar for a period of 5 years or till the age of 60 years whichever is earlier. All the petitioners in the instant petition have crossed the age of 60 years and as such, the relief prayed for by the petitioners for directing the respondents to allow the petitioners to continue as Lambardars of respective villages cannot be granted. 4 WP(C) No. 735/2023 5. The order impugned whereby the petitioners have been dismissed from the posts of Lambardars has been passed without affording any opportunity of hearing to the petitioners, but, remanding the matter back to respondent No.2 (Deputy Commissioner, Samba) would be an exercise in futility as the petitioners cannot be permitted to work as Lambardars beyond 60 years. 6. Be that as it may, the present petition is disposed of by declaring that the petitioners are not entitled to hold the posts of Lambardars as they have crossed the age of 60 years, but, the orders impugned in this petition whereby the petitioners have been dismissed shall have no civil consequences. The respondents are directed to conduct the elections of Lambardars of villages Chak Bakhan Kani, Chak Paras, Kullian, Maharaj Pur, Dabuj Shazada, Trindi Zamoora, Trindi Sangara, Ramloo Rasodian, Jar Abtal, Jagatpur, Dhup Sari, Govindgarh and Najwal of Tehsil Ramgarh, District Samba respectively within a period of three months from the date of receipt of copy of this order. 7. Both these petitions are disposed of along with connected CM(s). (RAJNESH OSWAL) JUDGE Jammu 08.08.2025 Madan Verma-Secy Whether the order is speaking: Yes. Whether the order is reportable: No. MADAN LAL VERMA 2025.08.13 10:45 I attest to the accuracy and integrity of this document