IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO. 47965/2015 (GM-RES) BETWEEN:
SMT. MAMATHA, W/O K.M.KUMAR, AGED ABOUT 30 YEARS, R/AT KARIGANA HALLI, HIKKERI HOBLI, KRISHNARAJA PET TALUK, MANDYA-571 426. …PETITIONER (BY SRI PAVANA CHANDRA SHETTY H., ADV.) AND:
1. THE TAHSILDAR KRISHNARAJA PET TALUK, KRISHNARAJA PET, MANDYA DISTRICT, MANDYA – 571 426.
2. SRI RAVINDRA, S/O ANNEGOWDA, AGED ABOUT 35 YEARS, R/AT RAMANAHALLI, KRISHNARAJA PET TALUK, MANDYA DISTRICT, MANDYA-571 426.
3. THE STATE GOVERNMENT OF KARNATAKA SOCIAL WELFARE DEPARTMENT, BANGALORE.
REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. C. JAGADISH, SPL.GA FOR R-1 & R-3.
SRI. A. S. MAHESHA, ADV. & SRI. C. N. RAJU, ADVs. FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE ITS ENQUIRY PROCEEDINGS AGAINST THE PETITIONER HELD BY R-1 DT.30.10.2015 VIDE ANNXURE-A AND ALLOW THIS WRIT PETITION WITH COSTS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court assailing the notice dated 30.10.2015 impugned at Annexure-A to the petition.
2. A perusal of the notice would indicate that the petitioner had been issued the caste certificate by the Tahsildar. In that view of the matter, the Tahsildar having become functus officio, any further proceedings to reconsider the caste certificate issued by the Tahsildar himself does not arise. This Court through the order in earlier writ petition in W.P.No.23414/2013 (GM-CC) dated 25.06.2015 has held that the Tahsildar would become functus officio after issue of caste certificate.
3. If that be the position, the notice as issued and impugned in this petition is not justified and no further proceedings would lie in that regard. To that extent, the notice issued by the Tahsildar shall stand quashed. If at all any person including the private respondents herein have any grievance with regard to caste certificate issued in favour of the petitioner, the same could be assailed before the Assistant Commissioner who is the Appellate Authority. To that extent, liberty is reserved to the concerned party and all contentions are left open to be urged in the appeal.
The petition is accordingly disposed of in the above terms.
Sd/- JUDGE hrp