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High Court of Jammu and Kashmir · body

2025 DAILYLAW 5515 (JK)

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

WP(C)/3262/2023 · 2025-08-08

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on 06.06.2025 Pronounced on 08.08.2025 WP(C) No. 3262/2023 Miyan …..Appellant(s)/Petitioner(s) Through: Mr. Sumir Pandita, Advocate Vs UT of J&K and others .…. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE JUDGMENT 1. The petitioner, who has attained the age of 61 years, has filed the instant petition for quashing the order dated 18.02.2023, by virtue of which the respondent No. 6 has been appointed as a substitute Lambardar by the respondent No. 5 and further commanding the official respondents to allow the petitioner to perform the duties of Lambardar of village Larkoti Tehsil Koteranka District Rajouri in terms of Rule 16 (5) of the Jammu and Kashmir Lambardari Rules, 1980. 2. Learned counsel for the petitioner at the very outset has submitted that the present petition be disposed of with a direction to the official respondents to conduct the election for the post of Lambardar of village Larkoti Tehsil Koteranka District Rajouri within a stipulated time period. 2 WP(C) No. 3262/2023 3. This Court has already upheld deletion of Sub Rule 5 of Rule 16 of the Jammu and Kashmir Lambardari Rules, 1980 and also observed that a person beyond the age of 60 years cannot continue as a Lambardar. 4. In view of the above, the present petition is disposed of by directing the official respondents to conduct the elections for the post of Lambardar of village Larkoti Tehsil Koteranka District Rajouri within a period of three months from the date of receipt of copy of this order and till then the respondent No. 6 shall continue to work as a substitute Lambardar, subject to the approval of the competent authority 5. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 08.08.2025 Karam Chand/Secy. Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No KARAM CHAND 2025.08.11 12:10 I attest to the accuracy and integrity of this document