2026:CGHC:10582 Digitally signed by NAFR YOGESH YOGESH TIWARI TIWARI Date:

2026.02.28 HIGH COURT OF CHHATTISGARH AT BILASPUR

18:13:18 +0530 Order Reserved on : 03.02.2026 Order Delivered on : 28.02.2026 WPS No. 7386 of 2023 Shaukilal Chauhan S/o Late Shri Punilal Chauhan, Aged About 56 Years R/o Village Pusalda, Tahsil And P.S. Now Pusour, District Raigarh, Civil And Revenue District Raigarh Chhattisgarh.

... Petitioner versus

1 - State of Chhattisgarh Through Collector, Raigarh Chhattisgarh.

2 - The Board of Revenue, Revenue, Bilaspur District Bilaspur Chhattisgarh.

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

4 - The Sub Divisional Officer, (Revenue) Raigarh, District Raigarh Chhattisgarh.

5 - The Nayab Tahsildar, Raigarh, District Raigarh Chhattisgarh.

6 - Setram S/o Shri Kalap Ram R/o Village Pusalda, Tahsil And P.S. Now Pusour, District Raigarh Chhattisgarh.

7 - Gayaram Chauhan S/o Shri Baranlal Chauhan, R/o Village Pusalda, Tahsil And P.S. Now Pusour, District Raigarh Chhattisgarh.

8 - Tulsiram Chauhan S/o Shri Punilal Chauhan, R/o Village Pusalda, Tahsil And P.S. Now Pusour, District Raigarh Chhattisgarh.

9 - Dinesh Kumar S/o Shri Setram R/o Village Pusalda, Tahsil And P.S.

Now Pusour, District Raigarh 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”). The petitioner seeks to challenge the impugned order dated 02.08.2023 passed by the Board of Revenue, Bilaspur Chhattisgarh, whereby the revision bearing No.RN/13/A-56/97/2011, preferred by respondent No.6 was allowed, the concurrent orders passed by the Sub-Divisional Officer (Revenue), Raigarh dated 17.07.2007 and the Commissioner, Bilaspur Division, Bilaspur dated 28.03.2011 were set aside, and the order dated 06.06.2007 passed by the Nayab Tahsildar, Raigarh appointing respondent No.6 as Kotwar of Village Pusalda was restored. The said order of the Board of Revenue has the effect of unsettling a lawful appointment made in favour of the petitioner, who had been appointed as Kotwar pursuant to appellate orders and had discharged Kotwari duties since

19.07.2007.

2. The petitioner was appointed as Kotwar of Village Pusalda, Tahsil Pusour, District Raigarh (C.G.), in pursuance of the order dated 17.07.2007 passed by the Sub-Divisional Officer (Revenue), Raigarh in appeal under Section 44(1) of the Code, 1959 which appointment was duly effectuated by the Tahsildar on 19.07.2007. The said appellate order was thereafter affirmed in second appeal by the Commissioner, Bilaspur Division, vide order dated 28.03.2011, holding that the petitioner, being the son of the ex-Kotwar and otherwise eligible and experienced, was entitled to appointment under Section 230 of the Code, 1959. The petitioner’s appointment thus attained finality and continued uninterrupted for several years until the same was sought to be disturbed by the impugned revisional order dated 02.08.2023, passed after an inordinate delay, ignoring settled principles governing exercise of revisional jurisdiction.

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

“10.1 That the Hon'ble Court be pleased to call for the entire records of the petitioner case.

10.2 That the Hon'ble Court be further pleased to quash the impugned order dated 02.08.2023 (Annex P/1) passed by the respondent Board of Revenue, Bilaspur being illegal and confirmed the order passed by the Sub Divisional Officer, Raigarh and the Commissioner, Bilaspur Division on 28.03.2011 (Annex. P/6) and consequently the respondent No. 5 Tahsildar, Pusour may be directed to appoint the petitioner as Kotwar of the village Pushalda Tah. Pusour Distt.

Raigarh (C.G.).

10.3 Any other order that the Hon'ble Court deems fit and n