RAJKUMAR Vs. RAMLAL

JUDGEMENT

(1.) Challenge in this petition is to the order dated 07.05.2007 (Annexure P/1) passed by the Board of Revenue, Bilaspur, in Revision Case No.247/A-56/2002-03. Vide the said impugned order the Board of Revenue has affirmed the order dated 21.07.1197 (Annexure P/4) passed by the Commissioner, Bilaspur Division as also the order passed by the Sub Divisional Officer dated 18.10.1993, whereby the two appeals preferred by the petitioner against appointment of the respondent No.1 as Kotwar of village Matiya, Tehsil Masturi, District Bilaspur, stood rejected.

(2.) The facts of the case is that an advertisement was issued for filling up of the post of Kotwar for the village Matiya on 14.08.1992. The vacancy arose on account of removal of ex-Kotwar namely Manharan Das Panika from the said post who was brother of the petitioner. The petitioner and two other persons i.e. respondents No.1&2 herein had applied for the post of Kotwar. The proceedings were convened as per the provisions of Section 230 of the Chhattisgarh Land Revenue Code and rules framed thereunder. Subsequently, the Naib Tehsildar vide order dated 29.01.1993 issued an order of appointment in favour of the respondent No.1. The petitioner herein immediately preferred an appeal before the SDO under Section 44 of the Chhattisgarh Land Revenue Code which the SDO after due consideration rejected vide order dated 18.10.1993 (Annexure P/3). Against the said order, Second Appeal was preferred before the Divisional Commissioner, Bilaspur Division and the Second Appeal also vide order dated 21.07.1197 (Annexure P/4) stood rejected affirming the order passed by the SDO.

(3.) Both these orders were subsequently challenged before the Board of Revenue by way of a Revision under Section 50 of the Chhattisgarh Land Revenue Code and the Board of Revenue also vide impugned order date 07.05.2007 (Annexure P/1) rejected the revision affirming the orders passed by the SDO as well as by the Commissioner, Bilaspur Division and in the process has affirmed the appointment of respondent No.1 as Kotwar of Village Matiya.