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2025 DAILYLAW 7134 (JK)

KHAZIR MOHAMMAD PAYER AND ORS v. UNION TERRITORY OF J AND K AND OTHERS. (REVENUE DEPARTMENT)

WP(C)/1036/2023 · 2025-08-14

Rajnesh Oswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 1036/2023. Reserved on 23.05.2025. Pronounced on14.08.2025 Khazir Mohammad Payer & Ors. Petitioner(s) Through: Mr. T. A. Lone, 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 have impugned the various orders issued by the respondent No. 3, whereby the private respondents have been temporarily appointed as Lambardars for various villages for a period of six months subject to confirmation of the Deputy Commissioner, Kupwara. The petitioners seek the quashing of the orders impugned and have also prayed that they be allowed to continue as Lambardars in their respective villages. 2. It is submitted that the petitioners have been working as Lambardars for various villages and the official respondents without even suspending or dismissing the petitioners have initiated the process of fresh appointment(s) of Lambardars which process was impugned by the petitioners of WP (C) Nos.567/2023 and 534/2023, wherein this Court had directed the official respondents not to disturb the present status of the petitioners therein. After the interim orders were passed by the Court, the official respondents issued the engagement of the private respondents as Lambardars for various villages where the petitioners are already working as Lambardars. It is also stated that in terms of Rule 16(5) of the J&K Lambardari Rules 1980, that the petitioners have a vested right to continue as Lambardars. 3. The official respondents have filed their response, stating therein that the petitioners have no right to continue as Lambardars. As per the Rule 16(1) of the J&K Lambardari Rules 1980, the term of the office for which a Lambardar can hold the post shall not ordinarily exceed five years. As the petitioners have already completed the term of five years, therefore, they have no right to claim their continuation against the said positions. 4. Vide order dated 3rd May, 2023, this Court had directed the maintenance of status-quo with respect to the position of Lambardar in question as it existed on that date. 5. This is an admitted case that petitioners were appointed as Lambardars other than by election and this Court has already dismissed the writ petition tiled as “Bashir Ahmad Teli v. State of J&K & ors bearing OWP No. 1809/2017” thereby upholding the SRO 412 of 2017. The petitioners cannot claim as a matter of right to continue as Lambardars. The petitioner Nos. 1 & 5 have already crossed the age of 60 years and, as such, they cannot continue as Lambardars. 6. Accordingly, the petition so far as petitioner Nos. 1 & 5 are concerned, the petition is dismissed. So far as other writ petitioners are concerned, the writ petition is disposed of by directing the official respondents to conduct the elections within a period of three months from the date of receipt of this order. Till then, the order dated 3rd May, 2023 passed by this Court shall continue to remain in operation. 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. (RAJNESH OSWAL) JUDGE SRINAGAR: 14.08.2025 “Ab. Rashid”