Jammu & Kashmir High Court
Gurdyal Singh (Age-60 Years) vs Union Territory Of J&K Through on 8 August, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Reserved on: 30.05.2025
Pronounced on: 08 .08.2025
WP(C) No. 735/2023
CM No. 1795/2023
1. Gurdyal Singh (age-60 years)
S/O Sh. Sewa Ram,
R/O Chack Bakhan, Tehsil
Ramgarh, District Samba.
2. Bahadur Lal; (age-60 years)
S/O Sh. Munshi Ram, R/O
Chack Paras, Tehsil Ramgarh,
Distt. Samba.
3. Darshan Singh(age 65 years)
S/O Sh. Mehar Singh R/O
Chack Balotea Mohra Kullian,
Tehsil Ramgarh, Distt. Samba
4. Bawa Singh (age-60 years)
adopted S/O Sh. Chuni Lal
R/O MaharajPura, Tehsil
Ramgarh, Distt. Samba.
5. Balwan Singh (age- 74 years)
S/O Sh. Atma Singh, R/O
Dabooj, Shahrada, Tehsil
Ramgarh, District Samba.
6. Ram Lal (Age 72 years) S/O
Sh. Sanghu Ram,
R/O Tradni Jamura Tehsil
Ramgarh, District Samba
7. Asha Ram (age 72 years) S/O
Sh. Kanshi Ram, R/O Trandi
Singara, Tehsil Ramgarh,
District Samba
8. Balbir Singh (Age 72 years)
S/O Sh. Laxman Singh, R/O
H.No.26, W.No.8, Village
Ramloo Rasolian, Tehsil
Ramgarh, District Samba.
9. Tarlok Nath (Age 63 years)
S/O Sh. Waikunth Nath, R/O
JarhAbtal, Tehsil Ramgarh,
District Samba.
2 WP(C) No. 735/2023
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10.Kulwant Singh (Age- 71 years)
S/O Sh. Bagwan Singh, R/O
Jagatpur, Tehsil Ramgarh,
District Samba.
11.Kewal Ram (Age 81 years)
S/O Sh. Major Singh,
R/O Dhupsari, Tehsil
Ramgarh, District Samba.
12.Dhunda Singh (Age- 77 years)
S/O Sh. Bhola Singh, R/O
Govind Garh, Tehsil Ramgarh,
District Samba.
13.Janak Singh (Age-90 years)
S/O Sh. Deva Singh, R/O
Nanga, Tehsil Ramgarh, Distt. .....Appellant(s)/Petitioner(s)
Samba.
Through: Mr. Rakesh Chargotra, Advocate.
vs
1. Union Territory of J&K through
Commissioner-Secretary,
Department of Revenue, Civil
Secretariat, J&K, Jammu.
2. Deputy Commissioner, Samba
3. Tehsildar, Ramgarh ..... Respondent(s)
Through: Mrs. Monika Kohli, Advocate.
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
JUDGMENT
1. The petitioners, who have crossed the age of 60 years and one of them
has even crossed the age of 90 years have filed this petition jointly for
quashing the orders each dated 17.02.2023 whereby they have been
dismissed from the posts of Lambardars of villages Chak Bakhan
Kani, Chak Paras, Kullian, Maharaj Pur, Dabuj Shazada, Trindi
Zamoora, Trindi Sangara, Ramloo Rasodian, Jar Abtal, Jagatpur,
Dhup Sari, Govindgarh and Najwal of Tehsil Ramgarh, District Samba
respectively. The petitioners have further prayed for directing the
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respondents to allow them to continue as Lambardars in their
respective villages in terms of Rule 16(5) of Jammu & Kashmir
Lambardari Rules 1980. The orders have been impugned on the
ground that no opportunity of hearing was afforded to the petitioners
before their dismissal and as such they have been condemned unheard.
2. The respondents have filed the response stating therein that the
working of the petitioners along with other Lambardars was reviewed
in a meeting held on 25.01.2023 with the revenue field functionaries,
to whom the Lambardars are required to give assistance in discharge
of duties, and it was found that the petitioners and others were not able
to properly discharge their duties. Accordingly, the petitioners were
dismissed from the post of Lambardars of their respective villages.
3. Heard learned counsel for the parties and perused the record.
4. 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 Lambardars, who are
appointed otherwise than by election to continue as Lambardar till the
elections are held. In terms of Rule 16 of the Jammu & Kashmir
Lambardari Rules, 1980, even an elected Lambardar can hold the post
of Lambardar for a period of 5 years or till the age of 60 years
whichever is earlier. All the petitioners in the instant petition have
crossed the age of 60 years and as such, the relief prayed for by the
petitioners for directing the respondents to allow the petitioners to
continue as Lambardars of respective villages cannot be granted.
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5. The order impugned whereby the petitioners have been dismissed
from the posts of Lambardars has been passed without affording any
opportunity of hearing to the petitioners, but, remanding the matter
back to respondent No.2 (Deputy Commissioner, Samba) would be an
exercise in futility as the petitioners cannot be permitted to work as
Lambardars beyond 60 years.
6. Be that as it may, the present petition is disposed of by declaring that
the petitioners are not entitled to hold the posts of Lambardars as they
have crossed the age of 60 years, but, the orders impugned in this
petition whereby the petitioners have been dismissed shall have no
civil consequences. The respondents are directed to conduct the
elections of Lambardars of villages Chak Bakhan Kani, Chak Paras,
Kullian, Maharaj Pur, Dabuj Shazada, Trindi Zamoora, Trindi
Sangara, Ramloo Rasodian, Jar Abtal, Jagatpur, Dhup Sari,
Govindgarh and Najwal of Tehsil Ramgarh, District Samba
respectively within a period of three months from the date of receipt of
copy of this order.
7. Both 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.
