BAIDHNATH NAG Vs. BOARD OF REVENUE BILASPUR

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India wherein the order dated 19.01.2007 (Annexure P/8) passed by the Board of Revenue against the order dated 19.06.2006 (Annexure P/6) passed by the Additional Collector, Jagdalpur is impugned.

(2.) LEARNED counsel appearing for the petitioner submits that the order dated 19.01.2007 passed by the Board of Revenue, Bilaspur is perverse, contrary to the facts and not in consonance with the provisions of law. The learned counsel further submits that one Shri Jeevnath, husband of Smt.Padma Bai was working as Kotwar in village Kohkapal, Tehsil Jagdalpur till he resigned from the post in the year 2000. The Naib Tehsildar, Bakawand by public announcement made on 8.3.2000 invited applications. The said Naib Tehsildar registered revenue case no. 08/A-56/99-2000 and heard the parties and examined their witnesses on 09.05.1995. The Gram Panchayat proposed the name of respondent no. 8 Sonadhar Mehra vide its resolution dated 18.6.2000 for appointment on the post of Kotwar. The Naib Tehsildar Bakawand, appointed Tulsi Ram, the respondent No. 6 as Kotwar keeping in view the education as the petitioner was 9th Class passed, Smt. Padma and Sonadhar were illiterate, Foolchand was under age and against the petitioner, a criminal case under section 107-116 of the Code of Criminal Procedure was pending consideration, Accordingly, the respondent no. 6 was found most suitable for the post. Vide order dated 9.5.2001, the respondent no. 6 was appointed as Kotwar.

(3.) THE Sub Divisional Officer (Revenue) Jagdalpur by order dated 15.7.2005 dismissed the appeal filed by the petitioner, respondent no. 7 and respondent no. 8, separately.