Jammu & Kashmir High Court
Prem Lal Age- 70 Years vs Union Territory Of J&K Through on 8 August, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
2025:JKLHC-JMU:2226
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Reserved on: 31.05.2025
Pronounced on: 08.08.2025
WP(C) No. 811/2023
CM No. 1949
c/w
WP(C) No. 3158/2023
CM No. 7658/2023
WP(C) No. 811/2023
Prem Lal age- 70 years
S/O Sh. RoopSain,
R/O W.No.6, near Govt.
Primary School Naloand Bani,
Kanthal, Tehsil Bani, Distt.
Kathua. .....Appellant(s)/Petitioner(s)
Through: Mr. Jagpaul Singh, Advocate.
vs
1. Union Territory of J&K through
Commissioner-Secretary to the
Government, Revenue Department,
Civil Secretariat, Jammu.
2. Deputy Commissioner, Kathua
3. Tehsildar, Bani, Distt. Kathua
4. AdarshLalhal S/O Madho Lal,
R/O Village Kanthal, Tehsil Bani,
District Kathua
..... Respondent(s)
Through: Mrs. Monika Kohli, Advocate.
2 WP(C) No. 811/2023
c/w
WP(C) No. 3158/2023
2025:JKLHC-JMU:2226
WP(C) No. 3158/2023
........Appellant(s)/Petitioner(s)
Prem Lal, age- 70 years, S/O
Shri Roop Sain, R/O W.No. 6, Through : Mr. Jagpaul Singh,
near Govt. Primary School Advocate
Naloand Bani, Kanthal, Tehsil
Bani, District Kathua.
Vs.
1. Union Territory of Jammu &
Kashmir through
Commissioner-cum-
Secretary to the Government,
revenue Department, Civil
Secretariat, Jammu.
2. Deputy Commissioner,
Kathua.
3. Assistant Commissioner
(Rev), Kathua
4. Tehsildar Bani, District
Kathua
5. Adarsh Lalhal S/O Madho
Lal, R/O Village Kanthal,
Tehsil Ban, District Kathua.
...Respondents
Through: Ms. Monika Kohli, Sr. AAG
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
JUDGMENT
1. The petitioner who is 70 years of age has filed these two petitions, i.e.,
WP(C) No.811/2023 for quashing the communication dated
03.03.2023 addressed by Tehsildar Bani, Distt. Kathua (respondent
No.3) to Deputy Commissioner, Kathua (respondent No.2) to the
extent of temporary engagement of the respondent No.4 as Lambardar
of village Kanthal, Tehsil Bani, District Kathua and for commanding
the official respondents to allow the petitioner to continue as
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2025:JKLHC-JMU:2226
Lambardar of village Kanthal, Tehsil Bani, District Kathua till the
elections for the post of Lambardar of village Kanthal are held under
the provisions of Rule 14 of the Jammu & Kashmir Lambardari Rules,
1980; and WP(C) No.3158/2023 has been filed by the petitioner for
quashing order dated 24.02.2023 issued by respondent No.2-Deputy
Commissioner, Kathua whereby the petitioner has been dismissed
from the post of Lambardar of village Kanthal, Tehsil Bani, District
Kathua. In this petition also, the petitioner has sought quashing of
communication dated 03.03.2023 which has already been impugned
by the petitioner in the earlier writ petition being WP(C) No.
811/2023.
2. It is stated that the petitioner was appointed as Lambardar in the year
1987 and continued to perform his duties till 2023 when he came
across a communication dated 03.03.2023 addressed by the Tehsildar
Bani (respondent No.3) to Deputy Commissioner, Kathua (respondent
No.2) whereby the private respondent has been appointed as
Lambardar and thereafter the petitioner came to know that he has been
dismissed from the post of Lambardar in terms of order dated
24.02.2023. The petitioner has impugned the order of his dismissal
from the post of Lambardar on the ground that no opportunity of
hearing was afforded to him before passing the order impugned. The
temporary appointment of private respondent as Lambardar has been
assailed by the petitioner on the ground that the same is contrary to the
Jammu & Kashmir Lambardari Act and Rules framed thereunder.
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3. The respondents have filed the response in WP(C) No.811/2023
stating therein that the petitioner has been dismissed by the competent
authority in accordance with Rule 9(1)(d) of J&K Lambardari Rules
1980 and as such there is no violation of Rule 16(5) J&K Lambardari
Rules 1980. It is further stated that the appointment of private
respondent has been made purely on temporary basis for a period of
six months only subject to confirmation by the competent authority
and the same was made after dismissal of the petitioner by the
competent authority.
4. Heard learned counsel for the parties and perused the record.
5. These petitions are pending before this Court for the last about two
years and temporary appointment of private respondent was made only
for a period of six months. In case titled Bashir Ahmed Teli Vs State
of J&K & others passed in OWP No. 1809/2017 along with clubbed
matters, this court has already held that no vested right exists in the
Lambardar, who is appointed as Lambardar other than by election to
continue as Lambardar till elections are held. In terms of Rule 16, a
Lambardar can hold the post for a period of 5 years or till the age of 60
years. The petitioner has already crossed the age of 70 years and as
such he cannot be allowed to perform the function of Lambardar. The
order dated 24.02.2023 whereby the petitioner along with other
Lambardars has been dismissed on account of being unfit to discharge
the duties of Lambardar has been passed without affording any
opportunity of hearing to the petitioner, but, remanding the matter
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back to respondent No.2 would be an exercise in futility as the
petitioner cannot be permitted to work as Lambardar beyond 60 years.
6. Be that as it may, the present petitions are disposed of by directing the
respondents to hold the election for the post of Lambardar of village
Kanthal, Tehsil Bani, District Kathua within a period of three months
from the date copy of this order is made available to the official
respondents and order of dismissal shall have no civil consequence so
far as the petitioner is concerned.
7. These petitions are disposed of along with connected CM(s).
(RAJNESH OSWAL)
JUDGE
Jammu
08.08.2025
Madan Verma-Secy
Whether the order is speaking: Yes.
Whether the order is reportable: No.
