IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51778/2019(GM-CC) BETWEEN:
M.SHIVANATHAN S/O M. MURUGESHAN AGED ABOUT 42 YEARS KARTHIK NILAYA, GURUNAGARA, GUDDE HOUSE, MARYHILL, KONCHADY POST, MANGALORE 575008.
...PETITIONER (BY SRI ANISH ACHARYA, ADVOCATE) AND:
1 . TAHASILDAR, TALUK OFICE, MANGALOARE 575 001 2 . ASSISTANT COMMISSIONER MANGALORE SUB DIVISION MANGALORE 575001.
3 . DC AND CASTE VERIFICATION COMMITTEE DAKSHINA KANNADA, MANGALORE 575 001.
…RESPONDENTS (BY SRI C. JAGADEESH, SPECIAL COUNSEL FOR R1 TO R3) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2 DATED 7.9.2019 PASSED IN MSSCR 44/2017-18 AT ANNEXURE-S ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri C. Jagadish, learned special counsel for Respondent Nos.1 to 3 submits that the writ petition is not maintainable as the petitioner has got an alternative and efficacious remedy under the provisions of Section 4-F of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc.) Act, 1990 (‘the Act’ for short).
2. The same is not disputed by the learned counsel for the petitioner and submits that the writ petition may be disposed off with liberty to avail the alternative remedy under the provisions of Section 4-F of the Act.
3. In view of the above, the writ petition is disposed off with liberty to the petitioner to avail the alternative remedy under the provisions of Section 4-F of the Act within a period of two weeks.
4. The respondents shall not take any precipitative action for a period of two weeks.
Ordered accordingly.
Sd/-
JUDGE Gss/-