1 CGHC010324542026 2026:CGHC:39575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1126 of 2026 1 - Smt. Chhee Bai Chouhan W/o Late Budhram Gada, Aged About 52 Years, R/o Village- Tata, Tahsil- Bilaigarh, District- Sarangarh-Bilaigarh (C.G.) 2 - Smt. Sarojni Chauhan D/o Late Shri Budhram Gada, Aged About 38 Years, W/o Shri Shankar Prasad Chauhan, R/o Village- Tata, Tahsil- Bilaigarh, District- Sarangarh-Bilaigarh (C.G.) 3 - Ashwani Chauhan S/o Late Shri Budhram Gada, Aged About 32 Years, R/o Village- Tata, Tahsil- Bilaigarh, District- Sarangarh-Bilaigarh (C.G.) 4 - Smt. Shakuntala Chauhan D/o Late Shri Budhram Gada, Aged About 30 Years, W/o Shri Raja Munna, R/o Village- Gedapali, Tahsil Balodabazar, District- Balodabazar-Bhatapara (C.G.) 5 - Anil Kumar Chauhan S/o Late Shri Budhram Gada, Aged About 20 Years, R/o Village- Tata, Tahsil- Bilaigarh, District- Sarangarh-Bilaigarh (C.G.) 6 - Hitesh Kumar Chauhan S/o Late Shri Budhram Gada, Aged About 26 Years, R/o Village- Tata, Tahsil- Bilaigarh, District- Sarangarh-Bilaigarh (C.G.) ... Petitioners versus 1 - Kholbahra Das S/o Bhagau Das Panka, R/o Village- Tata, Tahsil- Bilaigarh, District- Balodabazar- Bhatapara Now Sarangarh Bilaigarh (C.G.) 2 - Parmanand Nirala S/o Shri Puniram Nirala, R/o Village- Tata, Police Station- Sarsiwa, Tahsil- Bilaigarh, District Balodabazar- Bhatapara, Now Sarangarh Bilaigarh (C.G) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Munendra Kumar Sharma , Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board Digitally signed by MOHAMMED AADIL KHAN Date: 2026.09.16 11:16:44 +0530 2 09-09-2026 1. The present writ petition under Article 227 of the Constitution of India has been filed by the petitioners against the order dated 20-04-2026 passed by the Chhattisgarh Board of Revenue Bilaspur, Circuit Court at Raipur in Revenue Case No.R.N./21/R/A-56/164/2021 whereby the revision filed by the petitioners has been dismissed. 2. The present petition has been filed seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 20.04.2026 (Annexure P/1) passed by the learned Board of Revenue, Chhattisgarh, Circuit Court, Raipur in Revenue Case No. R.N./21/R/A-56/164/2021, as well as the orders dated 26.10.2021 (Annexure P/3) passed by the learned Additional Commissioner, Raipur Division, dated 28.03.2014 (Annexure P/2) passed by the learned Sub-Divisional Officer, Bilaigarh, and dated 24.08.2012 passed by the learned Naib Tahsildar, Bhatgaon. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of Certiorari and Mandamus or any other appropriate writ, order or direction, thereby setting aside the illegal appointment of Respondent No. 2/Parmanand Nirala to the post of Kotwar of Village - Tata, and further be pleased to direct the respondent authorities to grant appointment to one of the petitioners (being the legal heirs of Late Budhram Gada) to the said post of Kotwar, after giving due opportunity of hearing to the petitioners. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case." 3. Learned counsel for the petitioners would submit that the existing Kotwar of Village Tata, Tahsil Bilaigarh, District Balodabazar, namely, Bhagau Das Manikpuri has died and the concerned patwari reported the matter to the Tahsildar about vacancy created on the post of Kotwar. The Tahsildar Bhatgaon 3 initiated proceeding for appointment of Kotwar and advertisement was published and application forms for appointment of Kotwar for Village Tata were called. After completion of the recruitment process, vide order dated 24-08-2012 respondent No.1 was appointed as Kotwar of Village Tata. Husband of petitioner No.1 and father of petitioners No.2 to 6, namely, Budhram (since dead) filed appeal before the S.D.O. (Revenue) Bilaigarh against the order dated 24-08-2012. The appeal filed before the S.D.O. (Revenue) was dismissed vide order dated 28-03-2014, against which the second appeal was preferred before the Additional Commissioner Raipur Division. In the meantime respondent No.1 Kholbahra Das was appointed as Teacher Panchayat and he resigned from the post of Kotwar and thereafter, vide order dated 06-02-2014 his resignation was accepted and respondent No.2 Parmanand Nirala was appointed as temporary Kotwar of Village Tata. He would further submit that the objection raised by Budhram have not been considered by the revenue authorities and he was not provided proper opportunity to submit his application form and his application was not considered by saying that it has been filed after cut off date of filing of the application. There are procedural irregularities committed by the Tahsildar during posting for appointment of Kotwar. Budhram was to be given first priority after resignation of respondent No.1, but respondent No.2 has arbitrarily been appointed as temporary Kotwar of the village. The S.D.O., Bilaigarh, Additional Commissioner, Raipur as well as the Board of Revenue have not considered the issue of irregularity and arbitrariness in appointing the respondent No.2 as Kotwar and dismissed the appeal filed by Budhram/present petitioners, therefore, the impugned order passed by the revenue authorities are liable to be set aside. 4. I have heard learned counsel for the petitioners and perused the documents annexed with the petition. 5. From the order passed by the Nayab Tahsildar, Bhatgaon dated 24-08-2012, order dated 03-03-2014 by which respondent No.1 Kholbahra was appointed as 4 Kotwar and respondent No.2 Parmanand was appointed as temporary Kotwar of the village has not been annexed with the present writ petition. From perusal of the order dated 28-03-2014 passed by the S.D.O. (Revenue) Bilaigarh it transpires that after due process for appointment of Kotwar of village Tata the Nayab Tahsildar Bhatgaon passed the order and appointed Kholbahara Das as Kotwar of the village. His appointment was based on verification of his record, character certificate, proposal of Gram Panchayat and other requisite formalities. Considering that there is no irregularity or illegality committed by the Nayab Tahsildar Bhatgaon in appointment of Kholbahra Das as Kotwar of village Tata the appeal filed by Budhram was dismissed by the S.D.O. (Revenue) Bilaigarh. The order passed by the S.D.O. (Revenue) Bilaigarhh was further challenged before the Additional Commissioner, Raipur Division. From perusal of the decision of Additional Commissioner, Raipur Division it transpires that during pendency of the proceeding, Kholbahara was appointed as Teacher Panchayat and he resigned from the post of Kotwar and his resignation was accepted vide order dated 06-02-2014 and thereafter, respondent No.2 Parmanand was appointed as temporary Kotwar of the village vide order dated 03-03-2014. When Parmanand was appointed as temporary Kotwar on 03-03- 2014 it was not brought notice into the proceeding before the S.D.O. (Revenue) Bilaigarh and they get the appeal decided from there on 28-03-2014 without informing the S.D.O. (Revenue) Bilaigarh that Kholbahra Das has already resigned. Thereafter, the appeal filed by Budhram was dismissed on merits as there was no irregularity or illegality found in the process of appointment of Kotwar at village Tata. Before the Additional Commissioner, Raipur, Parmanand was impleaded as non-applicant No.2 vide order dated 02-11-2017. 6. The Additional Commissioner, Raipur Division has also dismissed the second appeal filed by Budhram vide order dated 26-10-2021. Thereafter, the revision was filed before the Board of Revenue by Budhram and during pendency of the revision before the Board of Revenue, Budhram died on 24-07-2025 and 5 thereafter his legal heirs were brought on record. The Board of Revenue, after hearing the parties, has held that the appointment of respondent No.1 Kholbahra Das was made by Nayab Tahsildar after due publication of notice inviting application, verification of his character by police and consideration of resolution of Gram Panchayat and merely because the petitioners/applicants claimed succession to deceased Kotwar no vested or inherited right to the post of Kotwar could be claimed. The Board of Revenue by considering that the applicant who was a candidate in selection process of Kotwar himself died during pendency of the proceeding and his legal representatives cannot claim appointment to the post in his place, moreover, Kholbahra Das has subsequently resigned on account of his appointment as Teacher Panchayat and respondent No.2 is appointed as Kotwar of the village. The petitioners, if at all, aggrieved by appointment of Kotwar they should have challenged the subsequent order by which respondent No.2 has been appointed as Kotwar. However, there is no infirmity or illegality in the initial order passed by the Nayab Tahsildar Bhatgaon which traveled up to the Board of Revenue and therefore, the revision filed by the petitioners has been dismissed by the Board of Revenue. 7. Having considered the entire facts and circumstances of the case, the sequence occurred from the day of passing of the order by Nayab Tahsildar till decision of the Board of Revenue and also the fact that applicant Budhram who already died and his legal representatives cannot claim in his place as Budhram himself was not appointed as Kotwar, this Court finds no illegality or jurisdictional error in the order passed by the Chhattisgarh Board of Revenue. Accordingly, the writ petition fails and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Aadil