ASHOK KUMAR UKE Vs. DWARIKA DAS

JUDGEMENT

(1.) The present Writ Petition has been filed challenging the order dated 10/01/2009 passed by the Board of Revenue.

(2.) The facts of the case in brief is that the father of the petitioner was a village Kotwar of village Kodka, Tahsil Chhuikhadan, District Rajnandgaon from 17/03/2004. The grandfather of the petitioner also was a Kotwar of village. On the death of the father of the petitioner, the Tahsildar issued a notice inviting application for the post of Kotwar from eligible candidates and in the process, the authorities received two applications, one that of the petitioner and the other being that of the respondent No.1 Dwarkadas and - after due verification of the records, the Tahsildar rejecting the application of the petitioner appointed the respondent No.1 as a Kotwar of village Kodka vide order dated 28/06/2004.

(3.) The petitioner preferred an appeal against the order of Tahsildar before the Sub Divisional Officer, Raigarh. The appeal stood rejected on 23/11/2004. The petitioner thereafter preferred a second appeal before the Collector. The Collector vide his order dated 06/02/2006 allowing the appeal had set-aside the order of Tahsildar as well as the Sub Divisional Officer and directed the petitioner to be appointed as the Kotwar and accordingly the petitioner was appointed as a Kotwar of village Kodka on 10/03/2006. The respondent No.1 in turn preferred a representation against the order of Collector before the Chhattisgarh Board of Revenue. The revisional court thereafter found that the order of Collector was not proper and allowing the revision had set-aside the order of Collector dated 06/02/2006 restoring the order passed by the Tahsildar as also that of the Sub Divisional Officer dated 28/06/2004 and 23/11/2004 respectively. In the process, the respondent No.1 was ordered to be appointed as a Kotwar. It is this order of the Board of Revenue which is under challenge in the present Writ Petition.