HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1014/2023 CM No. 2413/2023 Rakesh Kumar …..Appellant(s)/Petitioner(s) Through: None. 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 petitioner has impugned the appointment of respondent No. 6 as Lambardar. It is stated that without conducting any election and without following the procedure as provided in the Jammu and Kashmir Lambardari Rules, 1980, the respondent No. 6 has been appointed as Lambardar for village Haripur Brahmna, Tehsil Hiranagar, District Kathua. 2. The petitioner claims to have submitted a representation to the official respondents stating therein that FIR No. 163/2022 has been registered with Police Station, Rajbagh under Sections 429 and 427 IPC against the respondent No. 6. 3. The respondents have filed response, stating therein that on the recommendation of Naib Tehsildar, Chadwal, vide letter dated 25.02.2023, the respondent No. 6 was engaged as temporary Lambardar in terms of Rule 14(4) of SRO 363 of 1980. It is also stated Serial No. 8 2 WP(C) No. 1014/2023 CM No. 2413/2023 that verification of the respondent No. 6 was sought from the Sr. Superintendent of Police, CID, Jammu. Character certificate was issued in favour of respondent No. 6 and nothing adverse was found against him. 4. None has appeared on behalf of the petitioner and respondent No. 6. 5. Heard learned counsel for the official respondents and perused the record. 6. This Court has examined the record including the character certificate placed on record by the official respondents, which demonstrates that the respondent No. 6 figured as accused in FIR No. 205/2016 under Sections 341, 323, 382, 504 and 506 RPC but was acquitted in terms of order/judgment dated 14.09.2019. The petitioner has placed on record FIR No. 0163/2023 registered with Police Station, Rajbagh, wherein the respondent No. 6 and his father figure as accused. It appears that without taking into consideration the FIR, respondent No. 6 has been appointed. 7. This Court vide order dated 28.04.2023 had stayed the appointment of respondent No. 6 as lambardar. More than two years have elapsed. No fruitful purpose shall be served by keeping the present petition on board, particularly in view of the fact that the petitioner has already submitted a representation to the Deputy Commissioner against the appointment of respondent No. 6 as Lambardar, though temporarily, for village Haripur Brahmna, Tehsil Hiranagar, District Kathua. 8. In view of the above, the present petition is disposed of along with the connected application by directing the official respondents to conduct elections for the post of Lambardar for village Haripur Brahmna, 3 WP(C) No. 1014/2023 CM No. 2413/2023 Tehsil Hiranagar, District Kathua within a period of three months from today. Further, the respondent No. 4 is directed to decide the representation filed by the petitioner within a period of one month from today and till the representation filed by the petitioner is decided in accordance with law, appointment of the respondent No. 6 shall remain stayed. 9. 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