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2025 DAILYLAW 6975 (JK)

MOHAMMAD SHAFI NAIKOO v. UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT)

WP(C)/958/2023 · 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. 958/2023. Reserved on 23.05.2025. Pronounced on14 .08.2025 Mohammad Shafi Naikoo. Petitioner(s) Through: Mr. Shabir Ahmad Bhat, 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 petitioner was elected as Lambardar as is evident from the certificate dated 14th December, 2015, issued by the Returning Officer. 2. The petitioner has filed this petition for commanding the respondents to allow him to discharge his duties as Lambardar for the village Bicherwari, Tehsil Kralgund (Qaziabad) District Kupwara in view of fact that the amendments carried out in the Rules vide notification No. Rev/LB/98/88-11 dated 29th September, 2017 have been stayed by this Court in case tilted Bashir Ahmad Teli v. State of J&K & ors bearing OWP No. 1809/2017. 3. The official respondents have filed their response to the petition, stating therein that in terms of Rule 16(1) of J&K Lambardari Rules, the term of the office for which the Lambardar shall hold the post shall not exceed 05 years and, as such, the petitioner has no right to claim continuation. 4. This Court has already dismissed the challenge thrown to the order dated 29th September, 2017 in case tilted Bashir Ahmad Teli v. State of J&K & Ors (OWP No. 1809/2017). 5. In view of this, the present writ petition is dismissed with the direction that official respondents shall hold the elections for the post of Lambardar(s) for the village Bicherwari within a period of three months from the date of receipt of this order in accordance with the J&K Lumbardari Rule 1980. 6. 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 petitioner as per the entitlement at an earliest. (RAJNESH OSWAL) JUDGE SRINAGAR: 14.08.2025 “Ab. Rashid”