HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 714/2023 CM No. 1738/2023 Gh. Hassan …..Appellant(s)/Petitioner(s) Through: Mr. N. D. Qazi, Advocate. vs UT of J&K and others .…. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 31.05.2025 ORAL 1. The instant petition has been filed by the petitioner, who at present is 70 years of age, for commanding the official respondents to allow the petitioner to perform his duties as Lambardar for village Kidru, Tehsil Paddar, District Kishtwar and it is urged by the petitioner that the respondents are contemplating to replace the petitioner by way of nomination/selection without conducting election. 2. The petitioner has impressed upon Rule 16(5) of Jammu and Kashmir Lambardari Rules, 1980 to contend that the petitioner has right to continue till he dies, or he is dismissed/discharged or the general election for the post of Lambardar is held. Further it is stated that respondent No. 4 has initiated the process by misusing his official position and choosing persons of his choice for appointments as Lambardars for village Kidru, Ligri, Tayari, Ongaic, Shol and other villages of Paddar without conducting elections and without any procedure regarding which, inhabitants of villages have also lodged Serial No. 5 2 WP(C) No. 714/2023 complaints with the Deputy Commissioner. It is also the stand of the petitioner that the respondent No. 4 had obtained signatures of the petitioner on some blank papers and the petitioner believed the respondent No. 4 would issue election notification. 3. The respondents have filed the response, stating therein that the petitioner had submitted his resignation and had expressed his inability to perform his duties as Lambardar for village Kidru and had recommended the name of his son to be appointed as Lambardar and further that as the elections for the office of Lambardar has not been declared by the Government and being a temporary exercise, the applicants having higher academic qualification were appointed as Lambardars. 4. Further, the respondents have filed a supplementary affidavit, thereby stating that it is falsely alleged by the petitioner that he was made to sign blank papers. 5. Heard learned counsel for the parties and perused the record. 6. The petitioner was 67 years of age when he filed this petition in the year 2023. It is also admitted fact that the petitioner was engaged as Lambardar in the year 1982. It is contended by the petitioner that he was made to sign blank papers, and he signed the same, as he believed that the respondent No. 4 was going to conduct fresh elections. The respondents, in their supplementary affidavit, have categorically denied the contention of the petitioner that he was made to sign certain blank papers. 7. The respondents have placed on record the resignation letter signed by the petitioner and a perusal of the same reveals that while submitting 3 WP(C) No. 714/2023 his resignation, the petitioner had requested the authorities concerned for appointing his son, namely, Zakir Hussain as Lambardar for the village Kidru. 8. It is vehemently urged by Mr. N. D. Qazi, learned counsel for the petitioner that the impugned SRO, which prescribe the maximum age for a person to continue as Lambardar for 70 years has been stayed by the Coordinate Bench of this Court in Srinagar Wing, but, this argument cannot come to rescue of the petitioner as the instant case stands on a different footing, particularly when the petitioner himself had resigned from the office of Lambardar and further requested the authorities concerned for appointing his son as Lambardar. 9. This Court is not inclined to accept the contention raised by the petitioner that he was made to sign blank papers, particularly when the resignation contains the request of the petitioner for appointing his son as Lambardar. 10. In that view of the matter, this Court is of the considered view that the present petition is misconceived, as such, the same is dismissed and the official respondents are directed to hold elections for the office of Lambardar for village Kidru within a period of three months from the date a certified copy of this order is made available to the respondents. 11. Disposed of along with the connected application. (RAJNESH OSWAL) JUDGE Jammu 31.05.2025 Sahil Padha Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Sahil Padha 2025.06.04 10:19 I attest to the accuracy and integrity of this document