SMT. MEENA BAI Vs. SMT. KALYANI BAI

JUDGEMENT

(1.) This petition has been brought under Article 227 of the Constitution of India praying for relief of quashing the order of Board of Revenue, Chhattisgarh, dated 7.7.2015 (Annexure-P/1) and restoration of the order passed by the Sub-Divisional Officer, Revenue Mahasamund in Revenue Case No.56A/46/2008-09 dated 9.10.2009.

(2.) The facts of the case are that Punitram, father of petitioner - Smt. Meena Bai and respondent No.1 - Smt. Kalyani Bai, was village Kotwar of village Mudhena, Tehsil Mahasamund, who has expired in the year 2001. On his death, the petitioner and the husband of respondent No.1 both applied for appointment as village Kotwar, but the husband of respondent No.1 - Shankar Devdas has got appointment in the year 2001. Shankar Devdas died in the year 2004, subsequent to which, his wife respondent No.1 - Smt. Kalyani Bai was appointed as temporary village Kotwar vide order dated 5.2.2004. Subsequent to which, the application of the petitioner was considered and decided in her favour on 20.11.2006 (Annexure-P/2) whereby, she was appointed as village Kotwar by the Tehsildar Mahasamund.

(3.) The service land that was given to Shankar Devdas has been given to respondent No.1 by the same order dated 20.11.2006. The order dated 20.11.2006 was challenged by respondent No.1 before the Sub-Divisional Officer, Revenue Mahasamund, which was dismissed by the order dated 12.3.2007. The application moved by the petitioner for grant of service land in her favour before Tehsildar had been dismissed by the order dated 13.7.2009 (Annexure-P/3). This order was then challenged by the petitioner before the Court of Sub-Divisional Officer, Revenue Mahasamund, who vide order dated 9.10.2009 (Annexure-P/4), allowed the appeal and directed the allotment of service land in favour of the petitioner. The private respondents preferred an appeal before the Additional Commissioner, Raipur Division, who vide order dated 5.7.2012 (Annexure-P/5) allowed the appeal and set aside the order passed by the Sub-Divisional Officer, Revenue Mahasamund upholding the order of Tehsildar dated 13.7.2009. The petitioner has then preferred a revision before the Chhattisgarh Board of Revenue and the same has been dismissed by the impugned order dated 7.7.2015 (Annexure-P/1).