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2025 DAILYLAW 6878 (JK)

MANZOOR AHMAD SOFI AND ORS v. UNION TERRITORY OF J AND K AND OTHERS. (REVENUE DEPARTMENT)

WP(C)/826/2023 · 2025-08-14

Rajnesh Oswal

body2025

Judgment text

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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 826/2023. Reserved on 23.05.2025. Pronounced on14.08.2025 Manzoor Ahmad Sofi & Ors. Petitioner(s) Through: Mr. Shahbaz Sikander, Advocate. Vs Union Territory of J&K & Ors. Respondent(s) Through: Mr. Illyas Nazir Laway, GA. CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL JUDGE JUDGMENT 1. The petitioners in the instant petition have impugned the appointment of private respondents as Lambardars for a period of six months on the ground that they were earlier appointed as Lambardars vide different orders and they were not dismissed by the official respondents and, as such, they have a right to continue as Lambardars in accordance with Rule 16 (5) of J&K Lambardari Rule 1980. 2. The petitioners have placed reliance upon the case tiled Bashir Ahmad Teli v. State of J&K & ors bearing OWP No. 1809/2017 which was earlier pending before this court. 3. The official respondents have not filed their response in the main writ petition, however, have filed their response to the CM No. 4497/2023, stating therein that the respondent No. 3 had made the fresh appointments of Lambardars on temporary basis subject to the confirmation by the respondent No. 2 (District Collector) and the petitioners are still continuing and have not been dismissed from the positions of Lambardars till date by the respondents. 4. Record depicts that the petitioner Nos. 2,4,6,7,8,9,10,12,13,14 and 15 have already crossed the age of 60 years. 5. This Court in case tilted Bashir Ahmad Teli v. State of J&K & Ors (OWP No. 1809/2017) has already observed that a Lambardar cannot continue beyond the age of 60 years, as such, the petition preferred by the petitioner Nos. 2,4,6,7,8,9,10,12,13,14 and 15 is dismissed. 6. So far as the petition with respect to rest of the petitioners is concerned, the operation of the order dated 29.03.23 issued by respondent No. 3 whereby the private respondents were appointed as temporary Lambardar(s) for their respective villages, was kept in abeyance by this court vide order dated 12.04.23, the said order shall remain in operation for a period of three months. The official respondents are directed to hold elections for the post of Lambardar(s) for the respective villages of all the petitioners within a period of three months from the date of receipt of this order in accordance with the J&K Lumbardari Rules 1980. 7. Disposed of in the above terms along with connected CM(s). Needless to mention here that the official respondents shall release the legitimately earned honorarium/wages to the petitioners as per their entitlement at an earliest. 8. Registry to send down a copy of this order to the District Collector concerned for compliance. (RAJNESH OSWAL) JUDGE SRINAGAR: 14.08.2025 “Ab. Rashid”