2026:CGHC:10578 Digitally NAFR signed by YOGESH YOGESH TIWARI TIWARI Date: HIGH COURT OF CHHATTISGARH AT BILASPUR

2026.02.28

18:13:18 +0530 Order Reserved on : 28.01.2026 Order Delivered on : 28.02.2026 WPS No. 4091 of 2023 Sahodra W/o Dhanaji Aged About 46 Years R/o Village Bharbhatha, Tahsil And District- Bemetara Chhattisgarh ... Petitioner versus

1 - State of Chhattisgarh Through The Collector, Bemetara, District-

Bemetara Chhattisgarh

2 - The Upper Commissioner Durg, Division,district- Durg Chhattisgarh

3 - The Sub-Divisional Officer (Revenue), Bemetara District- Bemetara Chhattisgarh

4 - The Tahsildar, Bemetara, District- Bemetara Chhattisgarh

5 - Parmanand S/o Narottam R/o Village- Charbhatha, Tahsil And District- Bemetara Chhattisgarh

6 - Milap S/o Narottam R/o Village- Charbhatha, Tahsil And District-

Bemetara Chhattisgarh

7 - Chhattisgarh Board Of Revenue Circuit Court, Raipur, District-

Raipur Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

Hon'ble Shri Amitendra Kishore Prasad, Judge

C A V Order

1. The present writ petition arises out of proceedings relating to appointment on the post of Village Kotwar under Section 230 of the Chhattisgarh Land Revenue Code, 1959 (hereinafter referred to as “the Code, 1959”). The appointment to the post of Kotwar is made by the Tahsildar after following the procedure prescribed under the Code, 1959 and the applicable revenue practice. The petitioner was appointed as Kotwar of Village Charbhatha, Tahsil and District-Bemetara by the Tahsildar vide order dated 31.08.2012, after due inquiry and compliance of statutory requirements, which appointment stood affirmed in first appeal and second appeal by the competent revenue authorities.

2. The petitioner has called in question the impugned order dated

22.05.2023 passed by the Chhattisgarh Board of Revenue, Bilaspur, whereby the revision being No.RN/23/R/A-56/388/2015 preferred by respondent No. 5 was allowed, the concurrent orders passed by the Tahsildar, Bemetara, the Sub-Divisional Officer, Bemetara and the Additional Commissioner, Durg, Division Durg, were set aside, and the matter was remanded to the Tahsildar, Bemetara for initiating a fresh process of appointment under Section 230 of the Code, 1959, despite the fact that the petitioner had been lawfully appointed after a full-fledged inquiry and had continuously discharged her duties as Kotwar for more than ten years.

3. The petitioner has filed the instant writ petition with the following relief(s) :-

“10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/ order, thereby setting-aside/quashing the impugned order dated 22.05.2023 Annexure P/1 and further be pleased to direct the respondent authorities to allow the petitioner to continue on the post of Kotwar of Village Charbhatha.

10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

4. Brief facts for disposal of the instant writ petition are that, the petitioner’s father namely Late Premdas was serving as Kotwar of Village Charbhatha, Tahsil & District-Bemetara, and had discharged his duties faithfully during his lifetime. Upon his demise, a vacancy arose on the post of Village Kotwar. In accordance with the prevailing revenue practice and provisions of law, the petitioner, being the daughter and legal heir of the deceased Kotwar and possessing the requisite eligibility and capability to perform Kotwar duties including proclamation work, submitted an application before the Tahsildar, Bemetara seeking appointment on the said post. On the basis of the petitioner’s application, the villagers and Panchas of Gram Panchayat, Charbhatha considered her candidature and recommended her appointment on the post of Kotwar, recognizing her suitability and entitlement. The petitioner’s application along with the recommendation of the Gram Panchayat was duly placed before the competent authority.

5.