Jammu & Kashmir High Court - Srinagar Bench
Khazir Mohammad Payer & Ors vs Union Territory Of J&K & Ors on 14 August, 2025
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"
