Chameli Bai vs State Of Chhattisgarh

Sanjay K. Agrawal, J

This writ petition is directed against para – 6 of order dated 17.07.2015 (Annexure P/4), passed by respondent No.2, by which the Board of Revenue, Bilaspur directed the Tahsildar to initiate the process for appointment of regular Kotwar at village – Chalan Patwari, Tahsil – Mungeli under Section 230 of the Chhattisgarh Land Revenue Code.

Learned counsel for the petitioner submits that the petitioner has already been appointed on the post of permanent Kotwar at village – Chalan vide order dated 18.02.2011 (Annexure P/3) passed by the Tahsildar, Mungeli, but the same could not be brought into notice of the Board of Revenue, Bilaspur and, therefore, the aforesaid observation and direction made at para – 6 of order dated 17.07.2015 (Annexure P/4) is liable to be set aside in light of Annexure P/3.

Learned State counsel would submit that the regular appointment has been made to the post of permanent Kotwar at village – Chalan and the petitioner has already been appointed to the said post vide order dated 18.02.2011 (Annexure P/3). On the other hand, learned counsel for respondent No.7 would oppose the submission.

I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the materials available on record with utmost circumspection.

In the case at hand, since the petitioner has already been appointed to the post of permanent Kotwar at village – Chalan vide order dated 18.02.2011 (Annexure P/3) and the same has not been questioned by any of the parties or respondent No.7, in that view of the matter, the observation and direction made by the Board of Revenue, Bilaspur in para – 6 of order dated 17.07.2015 (Annexure P/4) is hereby set aside.

Accordingly, this writ petition is allowed to the extent indicated herein-above. No cost(s).