SANA ULLAH BHAT AND ANR v. UNION TERRITORY OF J AND K AND OTHERS. (REVENUE DEPARTMENT)
WP(C)/1040/2023 · 2025-08-12
Rajnesh Oswal
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 7119 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 7119 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
Reserved on 23.05.2025 Pronounced on 12.08.2025
WP(C) No. 1040/2023(O&M)
Sana Ullah Bhat and another
…..Appellant(s)/Petitioner(s)
Through: Mr. Shahbaz Sikander, Adv.
vs
Union Territory of J&K and others .…. Respondent(s)
Through: Mr. Illyas Nazir Laway, GA
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
JUDGMENT
1. The petitioner No. 1, who at present 60 years of age was appointed as a Lambardar of Village Diaroo, Keegam, District Shopian and has impugned the appointment of respondent No. 4 as Lambardar of village Diaroo for a period of six months. As the petitioner has crossed the age of sixty years, therefore, he cannot be allowed to continue as a Lambardar, whereas the petitioner No. 2 has impugned the appointment of respondent No. 5 as Lambardar of Village Doompora temporarily for a period of six months, on the ground that he was appointed as Lambardar and without his dismissal/discharge, respondent No. 5 could not have been appointed.
2. The official respondents have filed the response, stating therein that the new Lambardars have been temporarily appointed in terms of Rule 14(4) of the J&K Lambardari Rules, 1980 for a maximum period of six months after
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getting necessary confirmation from the Deputy Commissioner, Shopian and after adopting due procedure of law.
3. This Court vide order dated 08.05.2023, had directed order of status quo to be maintained and further that the order impugned was kept subject to outcome of the instant writ petition. So far as petitioner 1 is concerned, he has crossed the age of 60 years, therefore, the writ petition filed by him is dismissed. So far as petitioner No. 2 is concerned, he was appointed as a Lambardar in the year 2007, but equally true is that he has not been dismissed/discharged by the respondents.
4. Be that as it may, since this Court vide order dated 08.05.2023 had directed maintenance of status quo, accordingly, the instant petition to the extent of petitioner No. 2 is disposed of by directing the official respondents to conduct elections for the post of Lamberdar of Village Doompora, Tehsil Keegam, District Shopian within a period of three months from the date of receipt of copy of this order. Till then status quo as directed vide order dated 08.05.2023 be maintained. So far as petitioner No. 1 is concerned, the instant petition shall stand dismissed. (Rajnesh Oswal) Judge SRINAGAR 12.08.2025 Rakesh PS
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No