AM SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner-Am Singh has challenged the validity of order dated 29th March, 2005 passed in Revenue Appeal No. 680/A-56/2003-2004 by the Board of Revenue, CG, Bilaspur (Annexure P-4). By the impugned order, the appeal filed by the petitioner against the order dated 31-12-2001 passed by the Sub Divisional Officer, Balod, District Durg in Case No. 83/A-56/1999-2000 was dismissed by the Board of Revenue.

(2.) The facts, briefly stated, are as under :-

(3.) Mr. Anand Dadariya, learned Counsel appearing on behalf of the petitioner, argued that the orders passed by the Sub Divisional Officer and Board of Revenue are not in accordance with the Rules, therefore, the 2 orders be set aside and the order passed by the Tehsildar be upheld. He submitted that the Tehsildar was right in procedure in issuance of various Isthaars, therefore, the findings recorded by the above 2 authorities are erroneous. He further argued that the petitioner was most suitable candidate among the others including respondent No. 2. Therefore, he was rightly appointed by Tehsildar. He also argued that since the husband of respondent No. 2 was removed On account of misconduct, therefore, respondent No. 2 was not entitled to be appointed as.Kotwar in view of the provisions of Rule 4-(2) framed for the appointment of Kotwars.