2025:CGHC:59597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Preetam Das S/o Devadas Manikpuri Aged About 55 Years R/o Village Amora, Tahsil Nawagarh, District Janjgir- Champa Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh And Ors S/o Through The Secretary, Revenue Department, Mahanadi Bhavan, Mantralaya, New Raipur, Police Station Rakhi, District- Raipur Chhattisgarh, Chhattisgarh

2 - Board Of Revenue, Chhattisgarh, Bilaspur, District Bilaspur Chhattisgarh

3 - The Commissioner, Bilaspur Division, District- Bilaspur Chhattisgarh

4 - The Collector, Janjgir, District- Janjgir- Champa Chhattisgarh

5 - Sub Divisional Officer, Janjgir, District- Janjgir- Champa Chhattisgarh

6 - The Tahsildar, Nawagarh, District- Janjgir- Champa Chhattisgarh

7 - Shiv Prasad S/o Ramdhan Suryavanshi Aged About 29 Years R/o Village Amora, Tahsil Nawagarh, District Janjgir- Champa Chhattisgarh

8 - Netram S/o Chintram Patel Aged About 40 Years R/o Village Amora, Tahsil Nawagarh, District Janjgir- Champa Chhattisgarh

9 - Kanhaiya Das S/o Ramdhan Satnami Aged About 46 Years R/o Village Amora, Tahsil Nawagarh, District Janjgir- Champa Chhattisgarh ...Respondents (Cause title is taken from the CIS)

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For Petitioner : Shri Sandeep Dubey, Advocate For Respondents/State : Shri Rajeev Bharat, GA For Respondent- 7 : Shri Udit Khatri, Advocate, on behalf of Shri Animesh Verma, Advocate ------------------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Ravindra Kumar Agrawal V PADMAVATHI Date: 2025.12.24

08.12.2025

1. Present writ petition has been filed by the petitioner under Article 226/227 of the Constitution of India, challenging the order dated 19.03.2015, passed by the Board of Revenue Chhattisgarh, Bilaspur, in Revision case-RN/06/R/A-56/90/2013, whereby the Revision filed by respondent-7 was allowed, and the order dated 26.02.2013, Annexure P2, passed by the Commissioner, Bilaspur Division, Bilaspur, in Revision Case- 152-A-56/2011-2012 is set aside.

2. Subject matter in brief in the present petition is the appointment of Kotwar. The earlier Kotwar of the village-Amora, Tahsil-Nawagarh, namely, Devadas Manikpuri was removed from the post of Kotwar, due to ill health, and over age. Then, proceeding for appointment of Kotwar was initiated. Petitioner, as well as respondent-7 had made their application for appointment of Kotwar. After due verification of the documents, the Tahsildar, Nawagarh appointed respondent-7, Shriv Prasad, S/o Ramdhan Suryavanshi as Kotwar of the village-Amori, vide order dated 08.05.2001. Said order was challenged by the petitioner before the Sub-Divisional Officer (Revenue), District-Janjgir-Champa, which was dismissed on 29.10.2001. He again filed Second Appeal before the Collector, Janjgir-Champa, which was also dismissed vide order dated 21.02.2006. Petitioner further challenged the order dated 21.02.2006 by filing a revision petition before the Commissioner, Bilaspur Division, Bilaspur, and after hearing the parties, learned Commissioner, Bilaspur vide its order dated 26.02.2013 allowed the revision petition filed by the petitioner, and set aside the order passed by the sub-ordinate Revenue Authority, against which respondent-7 approached before the Board of Revenue, Chhattisgarh, Bilaspur by filing revision, which was allowed vide order dated 19.03.2015, setting aside the order passed by the Commissioner, Bilaspur dated 26.02.2013, and affirmed the order passed by the Tahsildar, as well as the Sub-Divisional Officer, and the Collector, Janjgir, by which respondent-7 had been appointed as Kotwar of village-Amora, Nawagarh, which is under challenge in the present petition.

3. Learned counsel appearing for the petitioner would submit that the Board of Revenue had exceeded its jurisdiction ignoring the rule framed under Section 230 of the Chhattisgarh La