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2026:CGHC:6516

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 1419 of 2026

Kishanlal Banjare S/o Late Najru Prasad Banjare, Aged About 48 Years R/o

Village Barbaspur, Post P.S. And Tahsil Kawardha District Kabirdham (C.G.)

... Petitioner(s)

versus

1 - The State Of Chhattisgarh Through The Secretary, Department Of

Revenue, Mahanadi Bhawan, Mantralaya Atal Nagar, Raipur (C.G.)

2 - Collector, District Kabirdham (C.G.)

3 - Sub Divisional Officer, Kawardha, District Kabirdham (C.G.)

4 - Tahsildar, Kawardha, District Kabirdham (C.G.)

5 - Panchayat Secretary, Gram Panchayat, Barbaspur, Tahsil Kawardha,

District Kabirdham (C.G.)

6 - Indradas S/o Hira, R/o Village Barbaspur, Tahsil Kawardha, District

Kabirdham (C.G.)

... Respondent(s)

Digitally

signed by

PRAVEEN

KUMAR

SINHA

Date:

2026.02.07

17:29:09

+0530

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For Petitioner : Mr. Shalvik Tiwari, Advocate

For State : Mr. Ajay Kumrani, Panel Lawyer

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

05/02/2026

1. Petitioner has filed this writ petition seeking following reliefs:

“10.1 That, the Hon'ble Court may kindly be

pleased to quash and set aside the order dated

23/12/2025 (Annexure P/1) passed by the Learned

Collector, Kabirdham in revision.

10.2 That, Hon'ble Court may kindly be please to

quash and set- a- side appointment order dated

30.12.2025 (Annexure P/2).

10.3 That, the Hon'ble Court may kindly be

pleased to quash the order dated 17/07/2025

passed by respondent no. 4 (ANNEXURE P/5)

10.4 That, the Hon'ble court may kindly be pleased

to quash the proceeding by respondent no.4 from

12.12.2025 to 24.12.2025 (ANNEXURE P/6).

10.5 That, the Hon'ble Court may kindly be

pleased to direct the respondent authorities to

proceed further from the order dated 02.04.2025

(ANNEXURE P/4) were by the petitioner was

recommend for the post of village patel.

10.6 Any other relief, deem fit in the present facts

and circumstances of this case may also be

awarded to the petitioner.”

2. Learned counsel for the petitioner submits that on account of

vacancy of Village Patel arisen in Village – Barbaspur, respondent

No.1 has called applications from interested candidates for

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appointment on the post of Village Patel and published advertisement.

Petitioner as also respondent No.6 have applied for their appointment

on the post of Village Patel of village Barbaspur. As there were two

candidates for one post, respondent No.4 has called for resolution of

Village Panchayat for appointment of one person as Village Patel .

Initially name of petitioner was recommended for appointment on the

post of Village Patel on 13.06.2023 and accordingly resolution is also

passed. Thereafter Village Panchayat has passed another resolution

on 20.08.2023 recommending name of respondent No.6 for his

appointment as Village Patel. After getting knowledge about the two

contradictory resolutions passed by village Panchayat, Tahsildar has

directed to pass afresh resolution to avoid controversy. Order was put

to challenge by respondent No.6 before respondent No.3 SDO and

respondent No.3, considering that against one post two persons have

applied for appointment on the post of Village Patel and further that

Rules for selecting one out of many candidates for appointment on the

post of Village Patel has not been followed, has directed to pass afresh

resolution following rules as provided under Rules 8 & 9 of the

Appointment of Patels, Remuneration, Duties, Removal and

Punishment Rules, 1960 (hereinafter referred to as “Rules of 1960”)

based upon which Village Panchayat called owners of agricultural land

of Village, initiated proceeding of election out of two candidates, which

was done on 24^th December 2025. Out of two candidates i.e. petitioner

and respondent No.6 for appointment on the post of Village Patel.

Respondent No.6 has been elected by villagers to be appointed as

Village Patel and accordingly appointment order is issued in favour of

respondent No.6. He contended that procedure followed by villagers

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and also appointment of respondent No.6