After hearing the matter challenging the order directed district collectors in the State to furnish information regarding authorised and working Kotwars in their districts so that money can be credited into accounts of Kotwars in lieu of providing them uniform and other articles, the single bench of the Madhya Pradesh High Court, comprising of Justice Vishal Dhagat, has said in the order that uniforms and articles like torch and bicycles are given to Kotwars by the State Government as part of allowance. These material is not purchased by the government for use in government departments or for public services. Uniforms and articles which are provided to Kotwars are provided as part of their allowances and, therefore, MP Bhandar Kray Tatha Seva Uparjan Niyam, 2015 is not applicable in the present case. Respondent Chief Revenue Commissioner, Bhopal, has not committed any error in passing the order dated on May 5, 2021. The order was in the interest of a large number of Kotwars who were working in the State. In view of the same, no interference was called for in order dated on May 5, 2021 and writ petition filed by petitioner is dismissed.”

Petitioner Mohammed Rafique Ansari, Director, Kabir Hathkargha Bunkar Samiti, Jabalpur has challenged the order dated on May 5, 2021 passed by Chief Revenue Commissioner, Arera Hills, Bhopal. By impugned order Chief Revenue Commissioner has directed Collectors in State of MP to furnish information regarding authorised and working Kotwar in their districts so that money can be credited into accounts of Kotwar in lieu of providing them uniform and other articles. Government Advocate Yash Soni, counsel for the Respondents State had filed its return and stated therein that there are 37,000 Kotwars in the State of MP and all Kotwars are to be provided uniform. A requisition was required to be sent to district level. After such requisition, the budget was to be sanctioned by the State Government. After sanctioned of budget, order is to be placed to Khadi Gramodyog and Power Looms Bunkar Societies and uniform were to be prepared and same is to be distributed to respective Kotwars. It is submitted that the procedure is lengthy and it is difficult to provide uniform to

Kotwars timely. Apart from this, quality of cloth as well as fitting of respective uniform was not proper, therefore, decision was taken to pass order dated on May 5, 2021. It is submitted that in compliance of order dated on May 5, 2021 amount of uniform has already been sanctioned and it has been disbursed in account of respective Collector of concerning district for disbursement of said amount in bank account of respective Kotwars. Thus, scheme has already been implemented and no fruitful relief can be granted to petitioner. It is submitted that by impugned order Kotwars are directly benefited and they can purchase quality uniform in time which fits them properly as per their convenience and satisfaction. There is no violation of any fundamental or constitutional rights. It is submitted that in identical matter bearing writ petition, Indore Bench of High Court of MP has directed the petitioner to make a representation to Chief Revenue Commissioner for recalling of order and writ petition was disposed of. Representation filed by petitioner was rejected vide order dated on May 4, 2018. By rejecting representation, it was held that distribution of cash is not prohibited under Niyam of 2015 and Niyam of 2015 will apply only in those conditions when government enterprises is purchasing any item/material. In view of same, counsel for respondents made a prayer for dismissal of writ petition.