SYNOPSIS

Consequent to the vacancy of the post of Lambardar of village Badhori follow-on due to the
death of erstwhile Lambardar. The petitioner along with other person applied for the
appointment for Lambardar and being qualified, the petitioner was appointed as Lambardar of
the village under rule 16 (file of Jammu and Kashmir Lambardari rule 1980, vide order No
TBB/OQ/17-18/223-25 dated 19-05-2017 of the Tehsildar Bari- Brahmana. The copy of the
order No TBB/OQ/17-18/223-25 dated 19-05-2017 is annexed herewith as Annexure P-1. And
the file of appointment of the petitioner as lambardar was sent to the deputy commissioner
samba under rule. Since then, the petitioner has been discharging the duties/ obligations to the
government and even collected and submitted the revenue i.e., Chula chowkidar surcharge of
village Badhori and deposited the amount of rupees 46,650 in the tehsil treasury and besides
that the petitioner has also perform the duties as a guide during the D D C elections. The
appointment of the petitioner lambardar was even reexamined and reaffirmed subsequent to
the public notice bearing no TBB/OQ/ 10-20/1087 dated 21-09-2019 whereby the tehsildar Bari
brahmana again invited the application and objection with respect to the appointment of
lambardar of village Badhori, the petitioner again applied and got elected/ appointed as
lambardar on temporary bases and again the recommendations for conformation of
appointment of petitioner as lambardar was sought from the deputy commissioner/ collector
samba. Repeated representations for according to conformation of appointment of the
petitioner as lambardar have been made however the same remain pending with the collector
samba. As per rule the lambardar so appointed has to continue till he dies or dismissed or
discharged or the general election of lambardar is held under lambardari rules. Though neither
the post of lambardar is vacant at village badhori nor any general election has been announced
as per rule and despite the fact that the petitioner has appointed as lambardari on temporary
bases and the conformation by the collector is still pending, the respondent tehsildar sans any
cogent reason and contrary to the governing rule has again vid a notification TBB/OQ/21-
22/1007-1014 dated 21-09-2021 again invited the application for appointment of lambardar in
relay of village badhori which is – arbitrary, illegal , contrary to the rules , untenable and
unjustified in the eyes of law and being prejudicial to the interest of the petitioner challenges
the same by way of present writ petition.