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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Laxman Prasad S/o Shri Madho Diwaker – Appellant
Versus
State Of Chhattisgarh Through The Secretary Revenue Department – Respondent
| Table of Content |
|---|
| 1. petitioner challenges order quashing kotwar appointment (Para 1 , 2) |
| 2. petitioner argues board's order is contrary to law (Para 3) |
| 3. counsel for respondents support the board's findings (Para 4 , 5) |
| 4. eligibility based on residence is jurisdictional fact (Para 6 , 7) |
| 5. court affirms order of board, dismisses petition (Para 8 , 9 , 10) |
ORDER :
Amitendra Kishore Prasad, J.
1. The petitioner has prayed for following reliefs by way of this writ petition:-
“10.1 That, this Hon'ble Court may kindly be pleased to issue appropriate writ by quashing the impugned order dated 15.02.2023 (Annexure P-1) passed by the Board of Revenue.
10.2 That the respondent's authority may kindly be directed to produce all the records which relates to passing of the impugned order for kind perusal of this Hon'ble court.
10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.”
2. The case, as presented, is that the earlier Kotwar of village Udka, one Mahendra Kurre, resigned from his post after several complaints were made against him, and it also came to light that he had illegally sold portions of the Kotwari land. Following his resignation, o
Residency within the concerned village is a mandatory criterion for appointment as Kotwar; failure to meet this disqualifies candidates, making any appointment null and void.
Resolution of the Gram Sabha cannot be regarded as a weighing factor, because under Sub-rule 1 of Rule 4 of the Rules for Appointment of Kotwar, the appointing authority has been empowered to reject ....
Judicial restraint requires that remarks against non-parties should not be made unless necessary for case resolution.
The appointment of a Kotwar is to be made as per Rule 4 of the 'Rules regarding appointment, punishment and removal of Kotwars and their duties' framed under Section 230 of the M.P. Land Revenue Code....
The choice of the Collector in the appointment of Lambardar cannot be lightly set aside unless there is some perversity or illegality in the order. The relevance of the candidate's age, educational q....
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