IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.42921 OF 2016 (GM-CC) BETWEEN:
SMT. MANGALAMBIKE W/O. BASAVARAJU AGED ABOUT 43 YEARS OCC: GOVT. SCHOOL TEACHER R/O. 345, CHANNAKESH NILAYA T. DASARAHALLI BANGALORE-73. …PETITIONER (BY SRI RANGASWAMAIAH R.L., ADV. FOR SRI PRAVEEN KUMAR RAIKOTE, ADV.) AND:
1. THE DISTRICT CASTE VERIFICATION COMMITTEE BANGALORE RURAL DISTRICT V.V. TOWERS BANGALORE-560 001 BY ITS SECRETARY.
2. DISTRICT CASTE VERIFICATION COMMITTEE TUMKUR DISTRICT TUMKUR-576 201.
BY ITS SECRETARY. …RESPONDENTS (BY SRI C. JAGADISH, SPL. G.A. FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED NOTICE AT ANNEX-D DATED 15.07.2016 PASSED BY R2 HEREIN.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Rangaswamaiah R.L., learned counsel for Sri Praveen Kumar Raikote, learned counsel for petitioner. Sri C. Jagadish, Special Government Advocate for respondents No.1 and 2.
2. The writ petition is admitted for hearing.
With the consent of learned counsel for the parties, the matter is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks a writ of certiorari to quash the order dated 15.07.2016 passed by the District Caste Verification Committee.
4. When the matter was taken up for consideration today, learned counsel for the respondents submitted that against the order dated 15.07.2016, an appeal is provided under Section 4(D) of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment Etc.) Act, 1990 to the Commissioner/Director, Social Welfare. In view of the aforesaid submission, learned counsel for the petitioner submitted that he be granted the liberty to file an appeal before the Appellate Authority within a period of three weeks from the date of receipt of certified copy of the order passed today 5. In view of the aforesaid submission and in the facts of the case, it is directed that, in case the petitioner files an appeal before the Appellate Authority within a period of three weeks from the date of receipt of certified copy of the order passed today, the ad-interim order granted by a Co-ordinate Bench of this Court on 18.08.2016 shall continue and the Appellate Authority, after hearing the parties shall decide the appeal in accordance with law expeditiously and preferably within a period of two months from the date of filing such appeal.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST