Digitally NAFR signed by SHAYNA HIGH COURT OF CHHATTISGARH AT BILASPUR KADRI Reserved for orders on : 21.11.2025 Order passed on : 11.12.2025 WPS No. 9388 of 2023

1 - Sohanlal S/o Late Bhagwatdas Aged About 39 Years R/o Vill. Bijai P.S. Pipariya, Tehsil Kawardha, District -Kabirdham, (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary Panchayat And Rural Development Department, Mahanadi Bhawan Mantralaya, New Raipur, (C.G.)

2 - The Board Of Revenue Chhattisgarh Circuit Court Raipur, District- Raipur, (C.G.)

3 - The Additional Commissioner Durg Division Durg, District - Durg, (C.G.)

4 - The Sub Divisional Officer (Revenue) Kawardha District - Kabirdham, (C.G.)

5 - Tehsildar Kawardha District - Kabirdham, (C.G.)

6 - Gram Panchayat Bijai Through Secretary, Vill. Bijai, Janpad Panchayat Kawardha, District- Kabirdham, (C.G.)

7 - Smt. Radha Bai W/o Rohit Das Aged About 46 Years R/o Village Bijai P.S.-

Pipariya, Tehsil Kawardha, District -Kabirdham, (C.G.)

... Respondent(s)

(Cause Title is taken from CIS System)

For Petitioner : Mr. Karunendra Singh, Advocate appearing on behalf of Mr. Akash Kumar Kundu, Advocate For State/Resp. No. 1 to 5 : Mr. Rahul Tamaskar, Government Advocate For Resp. No. 7 : Ms. Shivangi Agrawal, Advocate appearing on behalf of Mr. Arpan Verma, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad C.A.V. Order

1. The present writ petition assails the order dated 03.11.2023 passed by the Board of Revenue, Chhattisgarh, whereby the Revision Application preferred by respondent No. 7 was allowed. The said Revision Application was directed against the order of the Additional Commissioner, Durg dated 31.03.2023, by which the appellate order passed by the SDO (R), Kawardha on 08.12.2022, as well as the order dated 26.09.2022 passed by the Tehsildar, Kawardha, had been set aside. The petitioner has prayed for following reliefs :-

“10.1 A writ and/or an order in the nature of writ of appropriate nature to call for the records of the courts below.

10.2 A writ and/or an order in the nature of writ of appropriate nature to quashing impugned order dated 03.11.2023 (Annexure P/1) being bad in law.

10.3 That the Hon'ble Court be pleased to direct the respondents to appoint the petitioner as kotwar being a more suitable candidate and quash the order dated 26.09.2022 (Annexure P/4).

10.4 That the Hon'ble Court be pleased to stay the effect and operation of the impugned order dated 03.11.2023 (Annexure P/1) & order dated

26.09.2022 (Annexure P/4).

10.5 Any other relief in the discretion of this Hon'ble Court.”

2. The brief facts of the case, as projected, are that the petitioner is a permanent resident of Village Bijai, Police Station Pipariya, Tehsil Kawardha, District Kabirdham (Chhattisgarh). The petitioner’s father, Late Shri Bhagwatdas, was serving as the Kotwar of the said village until his unfortunate demise in a tragic accident on 15.05.2022. After the death of his father, the petitioner, being eligible and willing to under take the responsibilities of the post, submitted an application before the concerned Tehsildar on 07.06.2022 seeking appointment to the same post of Kotwar. Subsequently, on 27.06.2022, the private respondent submitted an application before the competent authority seeking her appointment as Kotwar. On the very same day, the Tehsildar issued a letter to the Sarpanch of the concerned Gram Panchayat, requesting their recommendations regarding the appointment to the post. Thereafter, the Gram Panchayat addressed a letter dated 06.07.2022 to the Tehsildar stating that they were unable to arrive at any decision regarding the appointment of the Kotwar and, therefore, requested that the matter be kept pending until 12.07.2022. After completion of the necessary procedural requirements and upon due consideration of the merits of both applicants, the petitioner was appointed as temporary Kotwar vide order dated 22.07.2022. The petitioner was found to be more qualified and suitable than the private respond