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2025 DAILYLAW 8718 (JK)

HAJI ABDUL RASHID WAR AND ORS. v. UNION TERRITORY OF JAMMU AND KASHMIR (REVENUE) AND ORS.

WP(C)/1909/2024 · 2025-05-16

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 106 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1909/2024 CM No.4149/2024 CM No.5150/2024 HAJI ABDUL RASHID WAR AND ORS …Petitioner/Appellant(s) Through: Mr. M. Y. Lone, Advocate. Vs. UNION TERRITORY OF JAMMU AND KASHMIR (REVENUE) AND ORS. ...Respondent(s) Through: Mr. Mohsin Qadri, Sr. AAG with Mr. Ilyas Nazir Laway, GA. CORAM: HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE O R D E R 16.05.2025 1. Learned counsel for the petitioners states that petitioners are residents of village Amargrah, Tehsil Sopore and District Baramulla and have filed this petition for directing the official respondents to follow the procedure of law in particular the Lumbardar Act and the Rules framed thereunder for the purposes of permanently engaging or substituting Lumbardar and for quashing the order dated 18.04.2009 issued by the Tehsildar Sopore whereby the private respondent 6 has been engaged as Lumbardar in village Amargrah. 2. It is contended by learned counsel for the petitioners that the respondent No.6 could not have been appointed as Lumbardar for the village Amargrah as he was detained under Public Safety Act and was accused in FIR No.430/2009 under Sections 436 and 147 RPC. 3. Learned counsel for the petitioners submits that official respondents be directed to consider the claims/submissions made by the petitioners and proceed in accordance with law. 4. Mr. Qadri, learned Sr. AAG, appearing for the official respondents is not averse to the prayer made by the learned counsel for the petitioners. 5. Accordingly, this writ petition is disposed of by directing the official respondents to treat the writ petition as representation on behalf of the petitioners and decide the same in accordance with law after due opportunity of hearing is afforded to all the interested persons, (if any). The petitioners shall provide and serve a copy of this order along with copy of petition and all annexure to the official respondents within a period of 10 days and upon receipt thereof the official respondents shall decide the same in accordance with law within a period of one month thereafter. 6. Disposed of. (RAJNESH OSWAL) JUDGE SRINAGAR 16.05.2025 Ishaq