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2025 DAILYLAW 3836 (JK)

MEHMOOD AHMED v. U T OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPTT AND OTHERS

WP(C)/1881/2023 · 2025-05-31

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

92 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1881/2023(O&M) Mehmood Ahmed …Petitioner(s)/Appellant(s) Through: Mr. Mohd. Arif, Adv. v/s 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. This writ petition has been filed by the petitioner for quashing order/list dated 29.01.2023, whereby the respondent No. 5-Moammad Pervaiz has been appointed as Lambardar of Village Neali, Tehsil Manjakote, District Rajouri in violation of the J&K Lambardari, Act, 1972 read with the Jammu and Kashmir Lambardari Rules, 1980. Further prayer has been made by the petitioner to allow him to serve as Lambardar of the aforesaid village. 2. It is stated by the petitioner that the respondent No. 5 has been engaged in utter disregard of the provisions of J&K Lambardari Rules, 1980. 3. Learned counsel for the petitioner submits that at this stage, the petitioner is interested only in conducting fresh elections of Lambardar of Village Neali, Tehsil Manjakote, District Rajouri. 2 WP(C) No. 1881/2023 4. Response stands filed by the official respondents, in which they have defended the appointment of respondent No. 5 as Lambardar but at the same time, they have submitted that respondent No. 5 was appointed as a Lambardar on temporary basis under J&K Lambardar Rules, 1980. The respondents have annexed the order dated 08.02.2023 in respect of appointment of respondent No. 5 as Lambardar along with others on temporary basis for the period of six months or till elections are held in terms of section 14 of J&K Lambardari Rules, 1980. The appointment of respondent No. 5 is on temporary basis and cannot be extended beyond the period of six months. 5. It is pertinent to mention here that this petition has been pending before this Court for the last nearly two years. 6. In that view of the matter, the present petition is disposed of by directing the respondents to hold fresh elections for the office of Lambardar for Village Neali, Tehsil Manjakote, District Rajouri within a period of three months from the date a certified copy of this order is made available to the respondents. 7. Disposed of. (RAJNESH OSWAL) JUDGE Jammu: 31.05.2025 Rakesh Rakesh Kumar 2025.06.06 09:24 I attest to the accuracy and integrity of this document