BHOLARAM MAHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has assailed the legality and validity of order of Annexure-P/3 dated 16th February, 2005 passed by the Board of Revenue, Chhattisgarh whereby the Board of Revenue has allowed the appeal preferred by respondent No.4 Tularam and as a consequence, the petitioner has been removed from the post of Kotwar of village Odharbandh-Tolagaon vide order dated 21.11.2005 (Annexure-P/4). After his removal, respondent No.4 has been appointed as Kotwar of the said village on 12.12.2005.

(2.) For filling up the vacant post of Kotwar of village Odharbandh-Tolagaon a proclamation was issued by the concerned Tehsildar under Section 230 of the CG Land Revenue Code, 1959 (for short 'the Code') and the Rules framed thereunder. The petitioner and respondent No.4 applied for the said post and the Tehsildar vide order dated 13.3.2001 held that the petitioner deserves to be appointed. Challenging the said order, respondent No.4 preferred an appeal, which was dismissed by the SDO, Rajnandgaon on 29.8.2001 (Annexure-P/2). These two orders have been set aside by the impugned order.

(3.) When the candidature of the petitioner and respondent No.4 was considered, it was found that the petitioner is the son of Ex-Kotwar and is 8th class pass whereas respondent No.4 is 4th standard pass and the concerned Gram Panchayat has recommended the petitioner's name for appointment as Kotwar.