IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.10446 OF 2019 (GM-CC) BETWEEN:
Santhosh B.M, S/o Verriah B.M, Age about 29 years Occupation: Private Service, R/o Dhulehole Village, Harihara Taluk, Davangere District-577 516.
… Petitioner (By Sri. Praveen Kumar Raikote, Advocate) AND:
1. Deputy Commissioner Deputy Commissioner Mini Vidhana Soudha, Main Road, Davanagere-577 516.
2. Assistant Commissioner Davangere Sub-Division, Davangere-577 516.
3. The Tahsildar Grade II Office of the Tahsilar, Harihara Taluk, Davangere District-577 516. (By Sri. C.Jagadish, Special Counsel) … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for records and allow this writ petition; quash Annexure-F passed by the respondent No.3 herein at dated 31.12.2018 in RD 2038468192428 and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Praveen Kumar Raikote, learned counsel for the petitioner.
Sri.C.Jagadish, learned Special counsel for 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 under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of order dated 31.12.2018 passed by respondent No.3.
3. The facts giving rise to filing of the writ petition briefly stated are that an application was filed by the petitioner seeking issuance of the Caste Certificate, which was rejected by order dated 13.04.2018. Being aggrieved, the petitioner preferred an appeal in which the aforesaid order dated 13.04.2018 was confirmed by the appellate authority by order dated 19.04.2018. Being aggrieved, the petitioner filed a revision and the matter was remanded. After remand, Tahsildar by an order dated 17.09.2018 directed issuance of Caste Certificate to the petitioner stating that the petitioner belong to Beda Jangama Community. Thereafter, by order dated 31.12.2018, Tahsildar has reviewed its order and issued a Caste Certificate to the petitioner that he belong to Lingayath Community. In the aforesaid factual background, the petitioner has approached this Court.
4. When the matter was taken up today, learned counsel for the petitioner submitted that once the Tahsildar issued a Caste Certificate, he becomes functus-officio and if any person is aggrieved, appropriate remedy to that person is to file an appeal under Section 4-B of the Karnataka Scheduled Caste and Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc) Act, 1990. In support of the aforesaid submission, reference has been made to order dated 08.11.2016 passed by a Bench of this Court in W.P.Nos.42480-42481/2014.
5. On the other hand, learned Special Counsel for the respondents, while referring to another decision of this Court dated 03.11.2015 in W.P.No.110995/2014, submitted that the conduct of the petitioner disentitles to any relief as the petitioner is guilty of suppression of material facts.
6. I have considered the submissions made by learned counsel for both parties and have perused the records. A Bench of this Court in the case of ‘SARASWATHAMMA AND ANR. VS. TAHSILDAR AND ANR.’ in W.P.Nos.42480-
42481/2014 has held that once the Tahsildar issues a Caste Certificate, he becomes functus-officio.
7. In the decision relied on by learned counsel for the respondents in the case of ‘GURUSIDDAYYA VS. THE TAHSILDAR II AND OTHERS’, in W.P.No.110995/2014, this Court has taken a view on peculiar fact situation and has found the petitioner therein guilty of suppression of facts and has held that such a person is not entitled to any relief under Article 226 of the Constitution of India. Therefore, the decision relied on in the case of Gurusiddayya (Supra) in W.P.No.110995/2014, has no application to the fact situation of the case since the Tahsildar has become functus-officio, therefore, he had no power to cancel the Caste Certificate, which was issued in favour of the petitioner. Therefore, the impugned order dated 31.12.2018 is hereby quashed and set aside.
8. Needless to state that any person including respondent No.1, who may be aggrieved by issuance of Caste Certificate in favour of the petitioner shall be at liberty to file an appeal under Section 4-B and F of the Act.
With the aforesaid liberty, the writ petition is disposed of.
Sd/- JUDGE dn/-