IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15749 OF 2019 (GM-CC) BETWEEN:
K. USHA RANI W/O DR. V. VENKATESH AGED ABOUT 62 YEARS R/AT. No.58, KANTHAINAPALYA VILLAGE UTHARAHALLI HOBLI BENGALURU-560082. (By Mr. KALYAN R, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIKASA SOUDHA BANGALORE-56001.
2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE-560009.
3. THE TAHSILDHAR BANGALORE SOUTH TALUK K.G. ROAD, BANGALORE-560009.
4. THE DEPUTY SUPERINTENDENT OF POLICE RAMANAGARA SUB-DIVISION RAMANAGARA.
… PETITIONER … RESPONDENTS (By Mr. C. JAGADEESH, SPL. COUNSEL FOR RESPONDENT) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER/LETTER/COMMUNICATION DTD:23.3.2019 ISSUED BY THE R-3 AS PER ANNEXURE-A TO THE W.P. & ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Kalyan R., learned counsel for the petitioner.
Sri.C.Jagadeesh, learned special counsel for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioner seeks a writ of certiorari for quashment of the order dated 23.03.2019.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the Tahsildar initially issued a certificate to the petitioner stating that the petitioner belongs to Bhovi which is a Scheduled Caste community. However, subsequently by the impugned communication, without holding any enquiry, caste certificate has been issued in favour of the petitioner stating that the petitioner belongs to Naidu community. It is further submitted that the aforesaid communication is issued in flagrant violation of the principles of natural justice.
5. The aforesaid aspect of the matter has been fairly disputed by the learned Additional Government Advocate.
6. In view of the aforesaid submissions and in the facts of the case, the impugned order has been passed in flagrant violation of the principles of natural justice and without taking into account the caste certificate already issued in favour of the petitioner. The impugned communication dated 23.03.2019 is hereby quashed and set aside. However, the respondents are granted liberty to take action if so advised against the petitioner under Section 4(f) of the Karnataka Scheduled Caste and Scheduled Tribes (Reservation of Appointment) Act, 1990.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV