Mohd Jawaid and Another v. U T of J and K Th Commissioner Secretary Revenue Deptt and Others

ORDER

12.12.2025

CM No. 7536/2025

¶1This is an application seeking condonation of delay in filing the application for restoration of the petition which was dismissed for non prosecution on 11.07.2025.

¶2Notice to the official respondents only as only they were present on that date when the petition was dismissed for non prosecution.

¶3Notice waived by Mr. Pawan Dev Singh, Dy. AG. He submits that appropriate orders may be passed.

¶4For the reasons stated in the application duly supported by an affidavit, the delay in filing the application for restoration of the writ petition is condoned.

¶5Application stands disposed of. CM No. 7538/2025

¶6This is an application seeking restoration of the writ petition which was dismissed for non prosecution on 11.07.2025. Serial No. 107 &

2 WP(C) No. 588/2023

¶7Notice.

¶8Mr. Pawan Dev Singh, Dy. AG accepts notice. He submits that appropriate orders may be passed.

¶9For the reasons stated in the application, the same is allowed. The writ petition which was dismissed for non prosecution on 11.07.2025 is restored to its original number.

¶10Application stands disposed of. WP(C) No. 588/2023

¶11The main petition is taken on board.

¶12This petition has been filed by the petitioners for quashing the recommendation made in favour of the private respondents for appointment as Lambardars for Village Azmatabad and Village Kalas, whereby they were proposed to have been appointed as Lambardars of Village Azmatbad and Village Kalas without conducting elections. Further prayer has been made for commanding the official respondents to appoint the petitioners as Lambardars or in alternative to conduct the elections in the villages mentioned above.

¶13The official respondents have filed response, stating therein respondent No. 2, vide order Nos. 83-DCR and 84-DCR dated

04.02.2023, issued orders for dismissal of Lambardars for Villages Kals and Azmatabad respectively. Thereafter, respondent No. 2, vide order dated 10.02.2023, temporarily appointed Yusuf Jameel as Lambardar of Village Kalas and vide another order dated 10.02.2023, temporarily appointed Jawaid Ahmed as Lambardar for Village Azmatabad.

3 WP(C) No. 588/2023

¶14Vide order dated 10.03.2023 passed by this Court, proposal made for appointment of Lambardars of Village Kalas and Village Azmatabad was kept in abeyance, however the fact remains that by that time, the formal orders of temporary appointment of Lambardars of Village Kalas and Village Azmatabad were already issued, meaning thereby the order dated 10.03.2023 was left with no efficacy.

¶15At this stage, learned counsel for the petitioners and learned counsel appearing for the official respondents submit that the present petition be disposed of by permitting the official respondents to conduct the elections for the post of Lambardar of Village Kalas and Village Azamatabad. Otherwise also, temporary appointment of the Lambardars cannot continue for indefinite period.

¶16In view of the above, this Court deems it proper to dispose of this petition by directing the official respondents to conduct elections for the office of Lambardar of Village Kalas and Village Azamatabad within a period of three months from the date of receipt of this order.

¶17Disposed of.

(RAJNESH OSWAL)

JUDGE

Jammu

12.12.2025 Neha-II

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 7536/2025 CM No. 7538/2025 in WP(C) No. 588/2023 Mohd Jawaid and anr. …..Appellant(s)/Petitioner(s) Through: Mr. Rupak Ratta, Advocate vs UT of J&K and ors. .…. Respondent(s) Through: Mr. Pawan Dev Singh, Dy. AG Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE