PRASHANT KUMAR MISHRA, J.

1. These writ petitions have been placed before the Division Bench to answer the following question :

“Whether a Kotwar (village servant) holding service land under Section 183(1) of the Chhattisgarh Land Revenue Code, 1959 can be granted bhumiswami right over such service land in view of the provision contained in Section 183(2) of the Code as held in Chhabil Das (supra) and Tikaram (supra)?”

2. The learned Single Judge has referred the aforesaid question for decision upon noticing that the decision rendered by the High Court of Madhya Pradesh in Pahup Singh v Haridas, 1977 RN 467 followed by this Court in Kamini Kumar v Bhaudas and Another, AIR 2017 (NOC) 206 (Chh) has not been considered in two subsequent cases in the matters of Tikaram and Others v The State of M.P. and another, WP No.2064 of 2000 (decided on 3-5-2001) and Chhabil Das and Others v The State of Madhya Pradesh and Another, WP No.2632 of 2000 (decided on 30-10-2001) while granting bhumiswami rights to the Kotwar on the land possessed by them.

3. In Pahup Singh (supra) the Single Bench of the High Court of Madhya Pradesh speaking through Hon’ble Shri G.P. Singh, J. (as His Lordship then