Miyan vs Ut Of J&K And Others
2025 Latest Caselaw 776 J&K

Jammu & Kashmir High Court

Miyan vs Ut Of J&K And Others on 8 August, 2025

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                    Reserved on     06.06.2025
                                                    Pronounced on   08.08.2025

WP(C) No. 3262/2023

Miyan                                              .....Appellant(s)/Petitioner(s)
                       Through: Mr. Sumir Pandita, Advocate
                  Vs
UT of J&K and others                                             ..... Respondent(s)


                       Through: Ms. Monika Kohli, Sr. AAG


CORAM: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                                   JUDGMENT

1. The petitioner, who has attained the age of 61 years, has filed the

instant petition for quashing the order dated 18.02.2023, by virtue of

which the respondent No. 6 has been appointed as a substitute

Lambardar by the respondent No. 5 and further commanding the

official respondents to allow the petitioner to perform the duties of

Lambardar of village Larkoti Tehsil Koteranka District Rajouri in terms

of Rule 16 (5) of the Jammu and Kashmir Lambardari Rules, 1980.

2. Learned counsel for the petitioner at the very outset has submitted that

the present petition be disposed of with a direction to the official

respondents to conduct the election for the post of Lambardar of village

Larkoti Tehsil Koteranka District Rajouri within a stipulated time

period.

3. This Court has already upheld deletion of Sub Rule 5 of Rule 16 of the

Jammu and Kashmir Lambardari Rules, 1980 and also observed that a

person beyond the age of 60 years cannot continue as a Lambardar.

4. In view of the above, the present petition is disposed of by directing the

official respondents to conduct the elections for the post of Lambardar

of village Larkoti Tehsil Koteranka District Rajouri within a period of

three months from the date of receipt of copy of this order and till then

the respondent No. 6 shall continue to work as a substitute Lambardar,

subject to the approval of the competent authority

5. Disposed of.

(RAJNESH OSWAL) JUDGE

Jammu 08.08.2025 Karam Chand/Secy.

                                                 Whether the order is speaking:     Yes/No
                                                 Whether the order is reportable:   Yes/No