Madhya Pradesh High Court
Rajesh Kothare vs The State Of M.P. on 8 August, 2024
Author: Vishal Mishra
Bench: Vishal Mishra
1 WP-21421-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 8 th OF AUGUST, 2024
WRIT PETITION No. 21421 of 2024
RAJESH KOTHARE
Versus
THE STATE OF M.P. AND OTHERS
Appearance:
Shri Santosh Sahu - Advocate for petitioner.
Shri Suyash Thakur - Government Advocate for respondents No.1 to 5/State.
ORDER
This petition has been filed seeking the following reliefs :
(i) To issue a writ of certiorari quashing the order dated
16.05.2024 (Annexure P/1) passed by the respondent
No.2.
(ii) To issue a writ of mandamus commanding the
respondents to grant appointment on the post of Kotwar
to the petitioner.
(iii) To call for the relevant records for kind perusal of
this Hon'ble Court.
(iv) Any other reliefs deemed fit in the facts and
circumstances of the instant case.
The facts of the case, in substance, are that petitioner's mother who
was working on the post of Kotwar has submitted an application seeking
resignation from the post being an old and infirm lady and seeking
appointment of his son i.e. petitioner but the Naib Tahsildar Chhegaon
Makhan rejected the application and appointed respondent No.6 as Kotwar.
Aggrieved, the petitioner preferred an appeal before the Sub-Divisional
Officer, Khandwa which was allowed vide order dated 10.03.2023 and the
petitioner was appointed on the said post. Being dissatisfied, the respondent
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No.6 filed a second appeal under Section 44(2) of the M.P. Land Revenue
Code, 1959 before the Commissioner Indore Division Indore which was
allowed and the order of SDO was set aside. Hence, this instant petition.
The record indicates that the petitioner is having a criminal case
registered against him for the offence under Sections 294, 323, 506 read with
34 of IPC at Police Station Jawar wherein after trial, he was convicted vide
judgment dated 03.03.2015 passed by Judicial Magistrate First Class,
Khandwa in Criminal Case No.3017 of 2022 and sentenced to undergo R.I.
for 6 months and to pay fine of Rs.200/- with default stipulation. There is a
specific provision in terms of Section 230 of the Madhya Pradesh Land
Revenue Code, 1959 which deals with appointment of Kotwar and Rule 2(a)
of the Kotwari Rules wherein it is specifically mentioned that a person being
convicted by the competent court based on evidence is not eligible to hold
the post of Kotwar. The Additional Commissioner has considered the
aforesaid aspect of the matter and allowed the appeal preferred by respondent
No.6 who is the grandson of erstwhile Kotwar.
The ground taken by the petitioner is that he being son of erstwhile
Kotwar is the nearest relative and deserves to be considered for the post in
question but in ground (c) of the petition, the petitioner has mentioned that
he was having one criminal record and the criminal case has already been
decided and he has served the entire custodial sentence awarded to him.
Therefore, it was not within the domain of the authority to consider the
criminal case registered against the petitioner. However, in view of Section
230 of the Madhya Pradesh Land Revenue Code, 1959 read with Rule 2(a)
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of the Kotwari Rules, since a criminal case was registered against the
petitioner and he was convicted and he has served the entire sentence
awarded by the trial Court, no relief can be extended to him. It is not a case
that the petitioner was honourably acquitted. In view of the above, the
impugned order dated 16.05.2024 is just and proper and does not require
any interference.
The petition sans merit and is accordingly dismissed. No order as to
costs.
(VISHAL MISHRA)
JUDGE
VV
