IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.21657 OF 2019 (GM-CC) BETWEEN:
SMT. B.S. SWETHA DEVARAJ W/O DEVARAJ, AGED 31 YEARS R/O DESHANI VILLAGE TALUK ARASIKERE, HOBLI JAVAGAL, DIST: HASSAN 571112.
... PETITIONER (BY SMT. KAVYASHREE G.S., ADVOCATE FOR SMT. SHASHIKALA M., ADVOCATE) AND:
1. THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT CASTE VERIFICATION COMMITTEE, HASSAN DISTRICT, HASSAN-571112.
2. THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT & MEMBER SECRETARY, DISTRICT CASTE VERIFICATION COMMITTEE, HASSAN-571112.
3. THE SUPERINTENDENT OF POLICE DIRECTORATE OF CIVIL RIGHTS, ENFORCEMENT, MYSORE.
... RESPONDENTS (BY SRI C. JAGADISH, ADVOCATE) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 3.5.2019 ISSUED BY THE R-2 PRODUCED AT ANNEXURE-H.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner filed the present writ petition for a writ of certiorari to quash the notice dated 3.5.2019 issued by the 2nd respondent as per Annexure-H mainly on the ground that the 2nd respondent has no jurisdiction to issue such notice.
2. Learned counsel for both the parties submit that in identical circumstances, this Court by an order dated 23.1.2009 in the case of Sri Chikkanna v. District Social Welfare Officer and Member Secretary, District Schedule Caste and Schedule Tribes Caste Verification Committee in Writ Petition No.13173/2008 held that the 2nd respondent has no jurisdiction to issue notice to appear for enquiry. The same was reiterated by this Court in the case of B.S. Swetha Devaraj v. The Assistant Commissioner in Writ Petition NO.36904/2018 decided on 7th March 2019.
3. In view of the dictums of this Court stated supra, the impugned notice dated 3.5.2019 issued by the 2nd respondent is hereby quashed as without jurisdiction. However, liberty is reserved to the competent authority to initiate action, if any against the petitioner, if so advised in accordance with law after following the procedure as contemplated.
Accordingly, the writ petition is allowed with the above observations.
Sd/-
JUDGE Gss/-