IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.39634 OF 2016 (GM-CC) BETWEEN:
SMT MANGAMMA W/O RAGHU @ RAGHURAM AGED ABOUT 40 YEARS R/A CHIKKATHIRUPATHI VILLAGE LAKKUR HOBLI MALUR TALUK KOLAR – 563130.
(By Mr. S. VENKATESH SHASTRY, ADV. (ABSENT)) AND:
1. THE STATE OF KARNATAKA BY DEPARTMENT OF SOCIAL WELFARE DEPARTMENT DR. AMBEDKAR VEEDHI BENGALURU – 560001.
2. THE TAHSILDAR MALUR TALUK MALUR TOWN KOLAR – 563130.
… PETITIONER (By Mr. C. JAGADISH SPL. GA FOR R1 & R2.) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE ISSUED BY R-2 DTD. 16.05.2016 VIDE ANNEX-J, WHEREIN THE PETITIONERS WAS CALLED UPON TO GIVE EXPLANATION AND DIRECT THE R-2 TO DROP THE PROCEEDINGS IN PURSUANCE OF THE IMPUGNED NOTICE VIDE ANNEX-J DTD. 16.05.2016 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Mr.C.Jagadish, learned Special Government Advocate for respondent Nos.1 and 2.
Heard.
3. In this petition, the petitioner inter alia seeks for quashment of the impugned notice dated 16.05.2016 issued by the Tahsildar, by which the petitioner has been asked to give explanation with regard to his social certificate.
4. I have heard the learned Special Government Advocate at length and have perused the record. From perusal of the Rules framed by the Government of Karnataka, the same does not empower the Tahsildar to issue any notice, which is untenable and is perse without jurisdiction. Accordingly, the same is quashed and set aside. Needless to state that the respondents shall take action against the petitioner if so advised.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE SS