IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.36482 OF 2019 (GM-CC) Between:
Smt. Sangeetha W/o Vijaykumar R Aged 37 years Elected member of Kadiganahalli ZP Constituency Bengaluru Rural District C/o R R Raju No.60/61, 2nd Cross Vinayak Nagar Bagalur Main Road IAF Post, Yelahanka Bengaluru – 560 063 (By Sri. Mahesh C.M, Advocate) … Petitioner And:
1. The Deputy Commissioner and The Chairman, District Level Caste Verification Committee Sampangiramnagar, 4th Main Road, Bengaluru District Bengaluru – 560 027 2. The Joint Director and Member Secretary District Level Caste Verification Committee Department of Social Welfare Sampangiramnagar, 4th Main Road, Bengaluru District Bengaluru – 560 027 3. The Tahasildar Bengaluru North Taluk Thasildar Office Bengaluru – 560 001 … Respondents (By Sri. C. Jagadeesh, Special Counsel) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned notice dated 09.08.2019 issued by the respondent No.2 as per Annexure-A as one without jurisdiction.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Mahesh C.M., learned counsel for the petitioner.
Sri. C. Jagadeesh, Special Counsel for the respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia has assailed the validity of the notice dated 09.08.2019 issued by Joint Director, District Level Caste Verification Committee.
3. When the matter was taken up today, learned counsel for the parties jointly submitted that the controversy involved in the instant petition is squarely covered by the order dated 23.01.2009 passed in W.P.No.13173/2008.
4. In view of the aforesaid submission and in the facts of the case and for the reasons assigned by a Bench of this Court in the order dated 23.01.2019 passed in W.P.No.13173/2008, the impugned notice dated 09.08.2019 is hereby quashed.
5. Needless to state that the competent authority, if so advised shall be at liberty to take action against the petitioner in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-