KHEMLAL YADAV Vs. CHACHARAM

JUDGEMENT

(1.) UPON superannuation of respondent No.1 Chacharam as Kotwar of Gram Panchayat, Pasaud, Tahsil Gunderdehi, Distt. Durg, the concerned Tahsildar issued proclamation under Section 230 of the Chhattisgarh Land Revenue Code, 1959 (henceforth called as "the Code, 1959") and the Rules framed thereunder for appointment of new Kotwar. Pursuant to the proclamation, six persons submitted their candidatures, however, in course of selection process, 4 persons remained absent leaving the petitioner and respondent No.2 in contest. The concerned Gram Panchayat passed a resolution on 10.10.2005 recommending the petitioner's case for appointment as Kotwar. When the Tahsildar considered the matter of appointment and passed the Order dated 20.01.2006 in petitioner's favour vide Annexure P -3, he found that both the applicants are suitable for the post, however, petitioner was appointed as Kotwar because the concerned Gram Panchayat has recommended his name and according to the Tahsildar, such recommendation of the Gram Panchayat is binding.

(2.) APPEAL preferred by Respondent No.2 and his father Chacharam against the order of Tahsildar was dismissed by the Sub -Divisional Officer (Revenue), Patan on 12.06.2006 and his second appeal was also dismissed by the Additional Collector, Durg on 07.10.2006 vide Annexure P -7.

(3.) IT would appear that under Rule 4(1) and Rule 4(2) of the Rules, the appointing authority shall fill up the vacancy to the post of Kotwar and in making such appointment under sub -rule (1) preference may be given to the near relative of the Ex -Kotwar, other things being equal.