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2026 DAILYLAW 33643 (CHH)

PARMANAND SAHU v. KUSUM NAGARCHI

WP227/1099/2026 · 2026-08-24

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010314462026 2026:CGHC:38252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1099 of 2026 Parmanand Sahu S/o Shri Yadram Sahu Aged About 30 Years R/o Village Sindhauri Khurd Post Bharna, Tahsil And Thana Kurud District- Dhamtari Chhattisgarh ... Petitioner(s) versus 1 - Kusum Nagarchi W/o Naveen Kumar R/o Village Sindhauri Khurd Tehsil Kurud District- Dhamtari Chhattisgarh 2 - Smt. Shyamabai Nagarchi W/o Late Tukaram Nagarchi R/o Village Sindhauri Khurd Tehsil Kurud District- Dhamtari Chhattisgarh 3 - The Tehsildar Kurud District- Dhamtari Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Vaibhav Shukla, Advocate For Respondent No.3 : Ms. Richa Sahu, P.L. for the State (Hon’ble Shri Justice Ravindra Kumar Agrawal, J.) Order on Board 25/08/2026 1. Heard. 2. Present is a writ petition under Article 227 of the Constitution of India filed by the petitioner against the order dated 18.06.2026 passed by the SUMIT KUMAR Digitally signed by SUMIT KUMAR Date: 2026.08.25 17:50:22 +0530 2 Chhattisgarh Board of Revenue, Bilaspur, Circuit Court at Raipur in Revenue Case No. R.N./04/R/A-56/40/2025, whereby the Board of Revenue allowed the revision filed by the respondent No.1 and remitted the matter back to the Tehsildar, Kurud for initiation of fresh proceeding for appointment of the Kotwar in accordance with law. 3. Learned counsel for the petitioner would submit that he is not aggrieved by the order passed by learned Board of Revenue by which remitting the matter back to the Tehsildar, Kurud for fresh proceeding for appointment of Kotwar in the village. However, he is aggrieved by the observation made by the Board of Revenue in para 7.4 of the order dated 18.06.2026 whereby the Board of Revenue has already ordered for preference given to the respondent No.1 which may prejudice the further appointment proceeding which is to be initiated by the concerned the Tehsildar. Therefore, the concerned Tehsildar may be directed to proceed in accordance with law for appointment of the Kotwar without there being influenced by the observation made in para 7.4 of the order dated 18.06.2026 passed by the Board of Revenue. 4. I have heard learned counsel for the petitioner and perused the document annexed with the petition. 5. Since the petitioner is not aggrieved with the order of remitting the matter back to the Tehsildar, Kurud for initiation of fresh process for appointment of the Kotwar of Village – Sindhauri Khurd, this Court deems it proper not to consider the merits of the case, however, from perusal of para 7.4 of the order dated 18.06.2026 passed by the Board of Revenue, this Court is of the considered opinion that the Tehsildar, Kurud may be directed to conclude the proceeding for appointment of 3 Kotwar without influencing with the observation made in para 7.4 of the order dated 18.06.2026. 6. Accordingly, the present writ petition is disposed of directing the Tehsildar, Kurud that he shall continue with the proceeding for appointment of the Kotwar for Village - Sindhauri Khurd and conclude the same without there being influenced by the observation made in para 7.4 of the order dated 18.06.2026 passed by the Board of Revenue and shall conclude the proceeding in accordance with law on its own merits. Sd/- (Ravindra Kumar Agrawal) JUDGE Sumit