Jammu & Kashmir High Court – Srinagar Bench
Ghulam Mohammad Nengroo vs Union Territory Of J&K on 13 August, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on:23.05.2025 Pronounced on:13.08.2025 WP(C) No. 1323/2023 CM No. 3099/2023 Ghulam Mohammad Nengroo Aged 52 years, S/O Habibullah Nengroo R/O Domawani, District Shopian. .....Appellant(s)/Petitioner(s) Through: Mr. Mubashir Gatoo, Advocate. vs 1. Union Territory of J&K Th. Commissioner Secretary Revenue, Civil Secretariat Srinagar/Jammu 2. Deputy Commissioner, Shopian 3. Tehsildar Keegam, District Shopian 4. Javaid Ahmad Khan S/O Mohd. Abdullah Khan R/O ..... Respondent(s) Doombwani, District Shopian. Through: Mr. Ilyas Nazir Laway, GA. Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE JUDGMENT
1. The petitioner was appointed as Lambardar of Village
Domawani temporarily vide order dated 12.10.2021 and
through the medium of this petition, the petitioner has
impugned the engagement of respondent No. 4 as Lambardar
for village Domawani temporarily for a period of six months on
the ground that without dismissing the petitioner, the
respondent No. 4 has been engaged as Lambardar, whereas, the
petitioner in terms of Rule 16(5) of the Lambardari Rules has
every right to continue as lambardar till his
2 WP(C) No. 1323/2023
death/dismissal/discharge/holding of general elections for the
post of Lambardar.
2. The petitioner has placed reliance upon the interim order dated
08.11.2017 passed in case titled as Bashir Ahmad Teli and
others Vs. State of J&K and others bearing OWP No. 1809
of 2017, wherein challenge was thrown to SRO 412 dated
29.09.2017, whereby Rule 16(5) of the Lambardari Rules was
deleted.
3. The official respondents have filed response to the writ
petition stating therein the rule position. It is further stated that
the work and conduct of the petition was not up to the
satisfaction of the respondents and adverse verification reports
were received in respect of the petitioner from CID/Police
Authorities, as such, they were constrained to appoint new
Lambardar vide order impugned herein.
4. Heard and perused the record.
5. A perusal of the order would reveal that no dismissal order of
the petitioner was ever passed by the official respondents.
6. Vide order dated 29.05.2023, order impugned by the petitioner
was stayed by this Court, therefore, no fruitful purpose shall be
served by retaining the present petition on board.
7. Accordingly, the present petition is disposed of by directing the
official respondents to conduct elections for the post of
Lambardar for village Dombwani within a period of three
3 WP(C) No. 1323/2023
months from the date of receipt of certified copy of this order
and till then order dated 29.05.2023 shall continue to operate.
8. Disposed of along with the connected application.
(RAJNESH OSWAL)
JUDGE
Srinagar
13.08.2025