Jammu & Kashmir High Court - Srinagar Bench
Abdul Hamid Dar vs Union Territory Of J&K on 13 August, 2025
HIGH COURT OF JAMMU & KASHMIR AND
LADAKH
AT SRINAGAR
Reserved on:23.05.2025
Pronounced on:13.08.2025
WP(C) No. 1280/2023
CM No. 7081/2024
1. Abdul Hamid Dar
Aged 55 Years, S/O
Ghulam Mohi Ud Din Dar
R/O Malmanpora Sopore,
Baramulla.
2. Abdul Salman Malla
Aged 40 Years, S/O
Ghulam Qadir Malla R/O
Muqam-Shaheed Mir
Sopore Baramulla
3. Ghulam Mohammad
Rather
Aged 65 Years, S/O
Habibullah Rather R/O
Dangerpora Sopore,
Baramulla.
4. Abdul Rashid War
Aged 65 Years, S/O
Ghulam Ahmad War R/O
Warpora Sopore Baramulla.
5. Farooq Ahmad Lone
Aged 60 Years, S/O
Mohammad Akbar Lone
R/O Saidpora Sopore
Baramulla.
6. Ghulam Hassan Wani
Aged 71 Years, S/O Abdul
Ahad Wani R/O Watlab
Baramulla.
7. Farooq Ahmad Bhat
Aged 50 Years, S/O
Mohammad Sultan Bhat
R/O Botingoo Sopore
Baramulla.
8. Ghulam Mohammad Dar
Aged 50 Years, S/O
Asadullah Dar R/O
Hathlangoo Sopore
Baramulla.
2 WP(C) No. 1280/2023
9. Abdul Rashid Sofi
Aged 48 Years, S/O
Ghulam Rasool Sofi R/O
Sempora Sopore Baramulla.
10.Bashir Ahmad Dar
Aged 45 Years, S/O
Ghulam Rasool Dar R/O
Hard Shiva Sopore
Baramulla.
11.Abdul Majeed Ganie
Aged 43 Years, S/O Ali
Mohd. Ganie R/O Mundji
Sopore Baramulla.
12.Mohammad Yousuf Lone
Aged 48 Years, S/O
Ghulam Rasool Lole R/O
Cherhar Sopore Baramulla.
13.Siraj U Din Baba .....Appellant(s)/Petitioner(s)
Aged 51 Years, S/O
Ghulam Mohi U Din Baba
R/O Magraypora
Dangarpora Baramulla.
Through: Mr. Waqar Ul Haq, Advocate.
vs
1. Union Territory of J&K
Th. Commissioner Secretary
Revenue Department, J&K Civil
Secretariat Srinagar/Jammu
2. Deputy Commissioner,
Baramulla.
3. Tehsildar, Dangerpora District
Baramulla.
4. Aejaz Sarandaz
S/O Sarandaz R/O Malpanpora
Sopore Baramulla.
5. Gulzar Ahmad Dar
S/O Mohammad Maqbool Dar
R/O Muqam Shaheed Mir
Sopore Baramulla.
6. Showkat Ahmad Wani
S/O Ghulam Mohammad Wani
R/O Dangerpora Sopore
Baramulla.
7. Afrooz Ahmad War
S/O Abdul Gani War R/O
Warpora Sopore Baramulla.
8. Mukhtar Hussain Reshi
S/O Ghulam Hussain Reshi R/O
3 WP(C) No. 1280/2023
Saidpora Sopore Baramulla.
9. Arshad Ahmad Lone
S/O Mohammad Akbar Lone
R/O Watlab Baramulla.
10.Mohammad Ashraf Palla
S/O Ghulam Mohammad Palla
R/O Botingoo Baramulla.
11.Mohammad Iqbal Dar
S/O Abdul Majeed Dar R/O
Hathlangoo Baramulla.
12.Mohammad Ibrahim Bhat
S/O Bashir Ahmad Bhat R/O
Sempora Baramulla.
13.Mehraj Did Dar
S/O Ghulam Nabi Dar R/O
Hardshiva Sopore Baramulla.
14.Irshad Ahmad Khan
S/O Jameel Ahmad Khan R/O
Mundji Sopore Baramulla.
15.Asif Ahmad Lone
S/O Ghulam Mohammad Lone
R/O Cherhar Sopore Baramulla.
16.Bilal Ahmad Baba ..... Respondent(s)
S/O Habibullah Baba R/O
Magraypora Sopore Baramulla.
Through: Mr. Ilyas Nazir Laway, GA.
Mr. Hussain Rashid, Advocate.
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL,
JUDGE
JUDGMENT
1. The petitioners have impugned the order dated 10.02.2023
issued by the Tehsildar Dangerpora, District Baramulla,
whereby the private respondents have been engaged as
Lambardars in place of petitioners in their respective villages.
2. The grievance of the petitioners is that they have right to
continue as Lambardars in their respective villages in terms of
Rule 16(5) of the Lambardari Rules, 1980. The petitioners in
order to buttress their claims have placed reliance upon the
interim order dated 08.11.2017 passed in case titled as Bashir
Ahmad Teli and others Vs. State of J&K and others
bearing OWP No. 1809 of 2017, whereby SRO 412 dated
29.09.2017 was stayed by this Court.
3. The official respondents have filed response stating therein
that after verification of character antecedents of the
Lambardars, vide communication dated 11.03.2023 and
05.04.2023, CID clearance in respect of petitioners figuring at
serial No. 1, 3, 4, 7, 8 and 11 have been denied and some Ex-
Lambardars have already crossed the age of 60 years.
4. Vide order dated 02.06.2023, the order impugned in this
petition dated 10.02.2023 issued by the respondent No. 3 was
stayed to the extent of the petitioners.
5. This Court has already dismissed the writ petition bearing
OWP No. 1809 of 2017 titled as Bashir Ahmad Teli and
others Vs. State of J&K and others wherein challenge was
thrown to SRO No. 412 dated 29.09.2017, whereby Rule 16(5)
of the Lambardari Rules was deleted.
6. Petitioner Nos. 3, 4, 5 and 6 have already crossed the
maximum age of 60 years, therefore, the writ petition qua
the petitioner Nos. 3, 4, 5 and 6 is dismissed and official
respondents are directed to conduct elections for the posts
of Lambardar for their respective villages.
7. So far as petitioners other than petitioner Nos. 3, 4, 5 and 6 are
concerned, this Court is of the considered view that no fruitful
purpose shall be served by retaining the present petition on
board, as such, the writ petition filed by the petitioners other
than petitioner Nos. 3, 4, 5 and 6 is disposed of by directing
the official respondents to conduct elections for the posts of
Lambardar within a period of three months from the date of
receipt of certified copy of this order and till then order dated
02.06.2023 shall continue to remain in operation qua the
petitioners other than petitioner Nos. 3, 4, 5 and 6.
8. Disposed of along with the connected application.
(RAJNESH OSWAL)
JUDGE
Srinagar
13.08.2025
