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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Order reserved on 14/08/2018

Order delivered on 07/09/2018

WP227 No. 2737 of 2009

 Dhaniram Nagarachi S/o Manrakhan, Aged about 34 years at Present

Working as Kotwar, Village- Kesra, Tahsil- Patan, Distt. Durg CG.

---- Petitioner

Versus

1. Board Of Revenue Chattisgarh, Bilaspur, circuit Court Raipur, C.G.

2. Collector, Durg, Distt. Durg CG.

3. Smt. Nain Bai W/o Shatrughan Nagarachi, Aged about 55 years, Village-

Kesra, Tahsil - Patan, Distt. Durg, C.G.

---- Respondents

For Petitioner

: Shri F. S. Khare, Advocate.

For State/respondent No.1 & 2 :

Ms. M. Asha, PL.

For Respondent No.3.

:

Shri B. P. Gupta, Advocate.

Hon'ble Shri Justice Parth Prateem Sahu

CAV Order

1. By the instant writ petition, the petitioner is challenging the legality and

validity of the impugned order dated 12.05.2009 passed by Board of

Revenue, C.G Revision Case No. R. N. 05/R/A- 56/687/2006, whereby the

Board of Revenue set aside the order of appointment passed by the

Tahsildar in favour of the petitioner and directed for appointment of

respondent No.3.

2. Brief facts of the case, are that one Kunjram was working as Kotwar in

Village- Kesra, Tahsil- Patan, District- Durg. He due to his ill heath gave his

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resignation from the post of Kotwar. After his resignation respondent No.3

was appointed as temporary Kotwar of Village- Kesra vide order dated

03.03.1992. Respondent No.3 is daughter-in-law of Kunjram. After

sometime Kunjram died on 15.09.2000. On 13.03.2001 the Competent

Authority i.e. Tahsildar issued an advertisement for appointment of

permanent Kotwar of Village- Kesra. The petitioner and respondent No.3

submitted applications for their appointment. Tahsildar vide order dated

10.04.2001 passed an order for appointment of Kotwar in Village- Kesra in

favour of the petitioner. The said order was challenged by respondent No.3

before Sub-Divisional Officer, (Revenue), Patan, which was dismissed vide

order dated 20.06.2001 and, thereafter, second appeal was preferred before

the Additional Collector, Durg, District- Durg who also dismissed the appeal

vide order dated 23.09.2005 and confirmed the orders passed by the Sub-

Divisional Officer and Tahsildar. Being aggrieved by the order passed by the

Additional Collector, respondent No.3 preferred Revision under Section 50

of C.G Land Revenue Code, 1959 (in short the 'Code of 1959') before the

Board of Revenue, CG, Bilaspur and the Revisional Court allowed the

revision and set aside the orders passed by the Additional Collector, Sub-

Divisional Officer and Tahsildar on the ground that there is non compliance

of the provisions of Rule 4 of Rules Regarding Appointment, Punishment

And Removal Of Kotwars And Their Duties framed under Section 230 of

C.G. Land Revenue Code, 1959 and further directed for appointment of

respondent No.3 as Kotwar.

3. Learned counsel for the petitioner submits that the petitioner was appointed

on the post of Kotwar after following due procedure of law and considering

the recommendation/proposal sent by the Gram Panchayat. He further

submits that the petitioner being the grand son-in-law of deceased Kunjram

(Ex-Kotwar) has rightly been appointed. He further argued that there is no

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violation of Rule 4 (1) as held by the Board of Revenue and, therefore, the

Board of Revenue has committed gross illegality in issuing direction

regarding appointment of respondent No.3 on the post of Kotwar as the

appointment order can be issued only by the Appointing Authority as

provided under the Code of 1959.

4. Per contra, learned counsel appearing for respondent No.3 submits that the

Board of Revenue have rightly arrived at a conclusion that the proposal as

required under Sub-rule (1) of Rule 4 of Rules framed under Se