1 2025:CGHC:15737 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2004 of 2022 1 - Rama Dhruv S/o Late Adhari Ram Dhruv, Aged About 40 Years Sarpanch, Gram Panchayat- Semariya, Tahsil Lormi, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh. 2 - Balwan Singh S/o Late Khetau Ram, Aged About 63 Years Upsarpanch, Gram Panchayat Semariya, Tahsil Lormi, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh. 2 - The Collector, Mungeli, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh. 3 - The Additional Collector, Mungeli, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 4 - The Commissioner, Bilaspur Division, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh. 5 - The Tahsildar, Mungeli, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh. 6 - Dinesh Kumar Gandharva S/o Daulat Gandharva, Aged About 45 Years R/o Gram Panchayat Semariya, Tahsil Lormi, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Dashrath Kushwaha, Advocate. For Respondent(s)/State : Ms. Nupoor Sonkar, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 03/04/2025 1. By way of this petition, the petitioners have prayed for following reliefs:- “10.1 That, this Hon'ble Court, may kindly call for the entire record in relates to the case of the petitioner. 10.2 That, this Hon'ble Court, may kindly be pleased to issued a writ /or writs/order/or orders / to direct the concern respondents to comply the order dated 12.11.2021, passed by the Additional Collector, Mungeli in Revenue Case No. 3 202012250700033/8/121/2021 and forth with initiating the proceeding of appointment to the post of Kotwar, at Village Semariya, Tahsil Lormi, District: Mungeli (C.G.), in the ends of justice. 10.3 That, any other relief, this Hon'ble Court, deem fit and proper may also kindly be granted to the petitioners, in the interest of justice. 10.4 An affidavit in support of this petition is filed herewith.” 2. Learned counsel for the petitioner submits that vide order dated 12.11.2021 passed by the Additional Collector, Mungeli by which he has been directed to initiate fresh proceedings in respect of appointment of Kotwar as according to this order Dinesh Kumar Gandharva who has been appointed as Kotwar has found in illegal possession of the Government Land as such the Additional Collector, Mungeli has directed for fresh appointment after following due process of law stating that the illegal occupations of Government Land should not be given preference in appointment of Kotwar. The said order has been challenged by respondent No. 6- Dinesh Kumar Gandharva before the Additional Commissioner Bilaspur Division, Bilaspur by which the Additional Commissioner has called the records and the matter is pending since 18.01.2022. Learned counsel for the petitioner submits that since there is no any order of stay passed by the Additional 4 Commissioner as such the authorities are required to comply the order passed by the Additional Collector order dated 12.11.2021, however, inspite of passing of about 3 years no order has been passed and perhaps respondent No. 6- Dinesh Kumar Gandharva is still continuing on the said post though he is not entitled to be appointed as Kotwar being the encroacher of Government Land. 3. On the other hand, learned counsel for the State opposes the same. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case, the Additional Collector, Mungeli is directed to consider the matter and if there is no any other impediment shall pass appropriate orders while directing the Gram Panchayat, Semariya to initiate proceedings for appointment of Kotwar in accordance with law. 6. The concerned Additional Collector, Mungeli is also directed to look into the matter as the matter is pending since 2021 and according to the petitioner still incompetent Kotwar is performing his duties. This be taken urgently and suitable order may be passed by the Additional Collector, Mungeli and Gram Panchayat, Semeriya within a period of 20 days from the date of copy of receipt of this order. 5 7. With this observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat