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2025 DAILYLAW 20414 (CHH)

JAILAL BAGHEL v. STATE OF CHHATTISGARH

WPS/3886/2018 · 2025-08-04

Shri Rakesh Mohan Pandey

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3886 of 2018 1 - Jailal Baghel S/o Mannolal Baghel, Aged About 36 Years R/o Nagarnar, Tehsil Jagdalpur, P.S. Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Board Of Revenue, Circuit Court Jagdalpur, Through Its Member, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 3 - Commissioner, Bastar Division, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 4 - Collector, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 5 - Sub Divisional Officer, Revenue, Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 6 - Tehsildar, Jagdalpur, Dsitrict Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 7 - Munna Besra S/o Sudarshan, Aged About 35 Years R/o Village Dhanpunji, (Wrongly Mentioned As Nagarnar In The Impugned Order), Tehsil Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh Digitally signed by GOPAL SINGH Date: 2025.08.07 17:29:34 +0530 2 8 - Sadashiv S/o Kamlochan, Aged About 34 Years R/o Village Nagarnar, Tehsil Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s) For Petitioner : Shri Kishore Narayan, Advocate For State : Ms. Shailja Shukla, Dy. Government Advocate For Respondent No.7 : Shri Pravin Kumar Tulsyan, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 05/08/2025 1. After retirement of earlier Kotwar, namely, Jagannath, the original petitioner as well as respondent No.7, Munna Besra moved applications before the competent authority for appointment on the post of Kotwar, Gram Panchayat, Nagarnar and application of respondent No.7 was allowed and he was appointed as Kotwar vide order dated 3.9.2012. The said order was challenged by the original petitioner by filing an appeal before the Tahsildar. Respondent No.7 challenged the said order by filing an appeal before the Sub Divisional Officer and it was allowed vide order dated 8.8.2013. The original petitioner challenged the said order by filing second appeal before the Commissioner and it was dismissed vide order dated 22.6.2016 and revision was also dismissed by the Board of Revenue vide order dated 27.3.2018 and against said order the original petitioner had preferred this petition. During pendency of this petition, the original petitioner died on 9.1.2024. The legal representatives according to Schedule 1 of 3 of the Hindu Succession Act failed to move an application to pursue this matter. An application has been moved to implead nephew of the petitioner to continue this matter and to claim right over the post of Kotwar. 2. Taking into consideration the fact that the candidate who participated in the recruitment process and was initially appointed as Kotwar has died and, therefore, the petition cannot be continued by his nephew as a matter of right. Therefore, the writ petition fails and is hereby dismissed. 3. Pending interim applications, if any, are rejected. Sd/- (Rakesh Mohan Pandey) JUDGE Gopal