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2025 DAILYLAW 2852 (JK)

MOHD RAYAZ v. U T OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPTT AND OTHERS

WP(C)/841/2023 · 2025-07-11

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 17 Supplementary List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Virtual Mode) WP(C) 841/2023 Mohd Rayaz …Petitioner(s) Through: Mr. Mehtab Gulzar, Advocate VERSUS UT of J&K TH Commissioner Secretary Revenue Deptt and Others. …Respondent(s) Through: Mrs. Monika Kohli, Sr.AAG CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 11.07.2025 1. The petitioner has impugned the order dated 11th February 2023 whereby he has been dismissed from the post of Lambardar for Village Azmabad Tehsil Mandi, District Poonch on the ground that no opportunity of hearing has been afforded to the petitioner before passing the order. 2. The petitioner has also impugned the order dated 15th February 2023 passed by the respondent No. 3 whereby the respondent No. 4 has been appointed as Lambardar on temporary basis. 3. Official respondents have filed the response stating therein that the petitioner failed to perform the legitimate duties assigned to him under Rule 6 of Jammu and Kashmir Lambardari Rules accordingly, in the interest of administration and in accordance with Rule 14(4) of J&K Lambardari Rules, vide order dated 15th February 2023, Mr. Rasheed Hussain was appointed as Lambardar for a period of six months or till the post is filled by election. 4. No fruitful purpose shall be served by retaining present petition on board as vide order dated 6th April 2023 the operation of the orders impugned in this petition have been stayed by this Court. 5. There is nothing on record to demonstrate that any opportunity of hearing was afforded to the petitioner before dismissing him from the post of Lambardar for the Village Azmabad, Tehsil Mandi. 6. Learned counsel for the petitioner has submitted that the present petition be disposed of by directing the official respondents to hold the elections for the post of Lambardar for Village of Azmabad Tehsil Mandi within a period of three months from the date of receipt of this order. 7. In view of above, the present petition is disposed of by directing the official respondentsto conduct election for the post of Lambardar of village Azambad within a period of three months from the date copy of this order is made available and till then order dated 06.04.2023 shall remain in operation. (Rajnesh Oswal) Judge SRINAGAR 11.07.2025 Sabreena