4. Brief facts of the case, as projected by the petitioners are that upon death of Kotwar Khedudas of Village – Bhatbhera on 18.07.2007, Naib Tehsildar, Uptehsil – Suhela published ishtehar (advertisement) for appointment on the post of Kotwar of Village – Bhatbhera. Original petitioner Smt. Shyam Bai Panika, who was wife of deceased Kotwar – Khedudas Manikpuri and respondent No.5/Milan Das Panika filed their application for appointment on the post of Kotwar. Report was sought for from the concerned Gram Panchayat. After scrutiny of the applications, private respondent No.5/Milan Das Panika was found more educated and recommendation of Gram Panchayat – Bhatbhera was also in his favour, therefore, Naib Tehsildar passed order appointing private respondent No.5/Milan Das Panika on the post of Kotwar of Village – Bhatbhera, which was challenged by the original petitioner before SDO (R), Bhatapara by filing appeal which was dismissed vide order dated 29.06.2009. The second appeal filed before Additional Commissioner under Section 44(2) of the Code, 1959 as well as Revision filed before Board of Revenue were also dismissed upholding order passed by Tehsildar. Being aggrieved by the same, petitioner has filed instant petition.
