MOHAMMAD RAFIQ, VIJAY KUMAR SHUKLA
Brij Kishore Dahayat – Appellant
Versus
State of M. P. – Respondent
JUDGMENT :
Vijay Kumar Shukla, J.
Hearing convened through video conferencing mode.
1. The present intra-court appeal has been preferred under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth ko Appeal) Adhiniyam, 2005, being aggrieved by the order dated 5-12-2019 passed by the learned Single Judge in WP-23428-2019 [Rameshwar Prasad vs. State of M.P. & ors.], whereby the learned Single Judge has allowed the writ petition filed by the respondent No. 4/writ-petitioner and set aside the orders passed by the Sub-Divisional Officer (Revenue), Pawai District, Panna and Additional Commissioner, Sagar Division, Sagar.
2. The respondent No. 4/writ-petitioner filed a petition under Article 226 of the Constitution of India, assailing the order dated 24-01-2020 (Annexure-P/6) passed by the Sub-Divisional Officer (Revenue) and the order dated 21-10-2019 (Annexure-P/15) passed by the Additional Commissioner, Sagar Division, Sagar. The dispute between the parties is in respect of appointment to the post of Kotwar for Village, Deori Sarkar, District Panna. Initially, the Gram Sabha passed a resolution recommending the name of the respondent No. 4/writ-petitioner for appointment to
Baddula Lakshmaiah and others vs. Sri Anjaneya Swami Temple and others
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....
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 ....
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