1 CGHC010259512026 2026:CGHC:30801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No.891 of 2026 1 - Sukhiya Bai W/o Seukram, Aged About 50 Years Caste -Mahra, R/o Village -Nawagaon, P.S. Tahsil -Berla, District -Bemetara (C.G.) Petitioner(s) versus 1 - Kunti Bai W/o Late Seukram, Aged About 52 Years, Caste -Mahra, R/o Village Nawagaon, P.S. Tahsil -Berla, District -Bemetara (C.G.) Respondent(s) For Petitioner(s) : Mr. Bharat Rajput, Advocate Hon’ble Shri Justice Ravindra Kumar Agrawal Order on Board 20/07/2026 1. Heard. 2. Issue notice to the respondent on payment of PF as per rules. 3. Also heard on IA No.1/2026, which is an application for grant of interim relief. 4. Learned counsel for the petitioner would submit that by the order dated 28.04.2018, the petitioner was appointed on the post of Kotwar of Village Nawagaon temporarily, which was challenged Digitally signed by R NIRALA 2 by the respondent before the Sub Divisional Officer (Revenue), Berla, which was dismissed vide order dated 17.07.2019 (Annexure-P/6), thereafter the respondent had challenged the order passed by the SDO (R), Berla before the Commissioner, Durg Division, which was allowed vide order dated 18.03.2021 (Annexure-P/8) and the Commissioner remitted the matter back to the Tahsildar for fresh proceeding of appointment of permanent Kotwar in the Village Nawagaon. He would further submit that at the time when the Commissioner passed the order on 18.03.2021, the petitioner was already appointed as the permanent Kotwar of Village Nawagaon by the order of Tahsildar dated 17.12.2019 (Annexure-P/7), yet the Tahsildar, Berla in compliance of the order dated 18.03.2021 passed by the Commissioner, Durg Division appointed the respondent as a temporary Kotwar of Village Nawagaon without setting aside/quashing the appointment of the petitioner as Kotwar of Village Nawagaon vide order dated 17.12.2019 and the petitioner is still working as Kotwar of the said village. He would further submit that the petitioner challenged the order dated 16.10.2025 passed by the Tahsildar, Berla before the SDO (Revenue), Berla by filing application for grant of stay, but the same was dismissed by the SDO (R), Berla vide order dated 28.11.2025, against which the petitioner filed second appeal before the Commissioner, Durg Division. In the second appeal filed before the Commissioner, Durg Division, an application under Section 3 52 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code, 1959’) has also been filed for staying the effect and operation of the order passed by the Tahsildar, Berla, however the said application has been rejected vide order dated 16.04.2026 (Annexure-P/13) by the Commissioner, Durg Division, which was challenged by the petitioner before the Chhattisgarh Board of Revenue by filing revision and the Board of Revenue has also dismissed the revision vide order dated 18.05.2026 (Annexure-P/15) holding that grant of stay is discretionary relief to the Commissioner and there is no infirmity in exercise of discretion by the Commissioner. He would further submit that the petitioner is still working on the post of Kotwar by virtue of the order passed by the Tahsildar, Berla dated 17.12.2019 and her appeal is still pending before the Commissioner, Durg Division, therefore, the impugned order may be set aside and the interim relief can be granted against the order passed by the Tahsildar dated 16.10.2025. 5. I have heard learned counsel for the petitioner and perused the documents annexed with the petition. 6. In the present case, from perusal of the record, it transpires that vide order dated 28.04.2018, the petitioner was appointed as temporary Kotwar of the Village Nawagaon, which was challenged by the respondent before the SDO (R), Berla by filing an appeal, but the appeal filed by the respondent was dismissed on 17.10.2019. Thereafter the petitioner was appointed as 4 permanent Kotwar of the said village vide order dated 17.12.2019 passed by the Tahsildar, Berla (Annexure-P/7). The order passed by the SDO (R), Berla dated 17.12.2019 was challenged by the respondent before the Commissioner, Durg Division, which was decided on 18.03.2021 and the matter was remitted back to the Tahsildar, Berla for re-initiating the proceedings for appointment of permanet Kotwar in Village Nawagaon, thereafter the Tahsildar again initiated proceeding for appointment of the permanent Kotwar in the Village Nawagaon, who has again appointed the respondent as temporary Kotwar at Village Nawagaon vide order dated 16.10.2025. It was travelled upto Commissioner, Durg Division, where a revision filed by the petitioner is still pending, however the stay application has been rejected. The rejection of her stay application by the Commissioner, Durg Division has been affirmed by the Board of Revenue by impugned order dated 18.05.2026. 7. On perusal of the order dated 16.10.2025 passed by the Tahsildar, Berla, it appears that there is no consideration of the order dated 17.12.2019 (Annexure-P/7), by which the petitioner was appointed as permanent Kotwar of the Village Nawagaon. 8. Be that as it may, since the second appeal filed by the petitioner is still pending before the Commissioner, Durg Division and her stay application has been rejected by the Commissioner, this Court deems it appropriate to dispose of the present writ petition 5 directing the Commissioner, Durg Division to decide the second appeal filed by the petitioner within a stipulated time period. Accordingly, the Commissioner, Durg Division is directed to decide the second appeal No.312/A-56/2025-26 pending before it within a period of 2 months from the next date fixed before it, in accordance with law, on its own merits, after providing proper opportunity of hearing to the parties. 9. Till the decision of the Commissioner, Durg Division, the parties are directed to maintain status-quo, as it exists today, with respect to the posting of Kotwar at Village Nawagaon. 10. With the aforesaid observation, the writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Nirala