IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.58343/2016 (GM-CC) BETWEEN:
M A AYYAPPAN S/O S.N.ARMUGAM, AGED ABOUT 60 YEARS, R/O 33, FITTER BLOCK, CORAMANDEL POST, KOLAR GOLD FIELDS-563122 (BY SRI KANNUR G S, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, MULTISTORIED BUILDING, VIDHANA SOUDHA, BANGALORE-560001 2. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR-563122 3. SRI NATARAJAN S/O NAGALIMGAM, WARD NO.24, ANBU NILAYAM, MAHARAJA ROAD, ROBERTSONPETE, K.G.F-563122 ... PETITIONER 4. THE TAHASILDAR K.G.F.TALUK, K.G.F ... RESPONDENTS (BY SRI. VIRUPAKSHAIAH P H, ADV. FOR C/R3 SRI. DILDAR SHIRALLI, HCGP. FOR R1, 2 & 4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE ORDER DATED 06.09.2016, PASSED BY THE R-2 VIDE ANNEX-AE AND QUASH THE CASTE CERTIFICATE DATED 16.02.2013 ISSUED BY THE R-4 VIDE ANNEX-AB.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though the order dated 06.09.2016 impugned at Annexure-AE is passed pursuant to the earlier order of this Court in W.P.No.53179/2014 dated 07.03.2016, the said order impugned herein is passed by the Assistant Commissioner as had been directed earlier.
2. The order impugned is passed under Section 4-B of the Karnataka Scheduled Caste and Scheduled Tribe and other BC (Reservation of Appointments, etc.,) Act, 1990 (‘the Act’ for short) by the Assistant Commissioner. Against such order, a revision is provided to the Deputy Commissioner under Section 4-F of the Act. In that view, when an alternate remedy is available, I decline to exercise the discretion to entertain the instant petition.
Accordingly, the petition is disposed of, with liberty to the petitioner to avail the remedy as provided under Section 4-F of the Act. If such revision is filed by the petitioner, the Deputy Commissioner shall take all steps to notify the parties and conclude the proceedings in an expeditious manner, but not later than three months from the date on which the respondents appear before the Deputy Commissioner.
Sd/- JUDGE hrp/bms