IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.20248 OF 2019 (GM-CC) BETWEEN:
SAYEEDA PHIRODS W/O SRI. P. S. SADATH ULLA AGED ABOUT 42 YEARS, RESIDING IN WARD NO.09, DURGAMMA GUDI STREET, HIRIYURU TOWN, HIRIYUR TALUK, HIRIYUR – 577 598 CHITRADURGA DISTRICT (BY SRI. R. KOTHWAL, ADVOCATE) AND:
… PETITIONER 1. THE STATE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, MULTISTORIED BUILDINGS, BENGALURU – 560 001 2. THE REGIONAL COMMISSIONER DEPARTMENT OF REVENUE, BENGALURU REGION / DIVISION, 2ND FLOOR, B.M.T.C. BUILDING, SHANTHI NAGAR BENGALURU – 560 027 3. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA – 577 507 4. THE ASSISTANT COMMISSIONER CHITRADURGA SUB DIVISION CHITRADURGA – 577 507 5. DISTRICT OFFICER DEPARTMENT OF BACKWARD CLASS WELFARE DEVARAJ ARAS BHAVAN, STADIUM ROAD CHITRADURGA – 577 507 6. DEPUTY DIRECTOR SOCIAL WELARE DEPARTMENT, CHITRADURGA – 577 507 7. THE TAHSILDAR HIRIYURU TALUK HIRIYUR – 577 598 CHITRADURGA DISTRICT … RESPONDENTS (BY SRI. V. SHIVAREDDY, HCGP FOR R1-4 AND 7; SRI. C. JAGADEESH, ADVOCATE FOR R5 AND R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE R-7 DTD 28.11.2018 IMPUGNED ENDORSEMENT ISSUED BY THE R-6 DTD 25.02.2019 AND IMPUGNED ENDORSEMENT, ISSUED BY THE R-5 DTD 01.03.2019 VIDE ANNX-H, N AND P AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. R. Kothwal, learned counsel for the petitioner.
Sri. V. Shivareddy, learned High Court Government Pleader for respondent Nos.1 to 4 and 7.
Sri. C. Jagadeesh, learned counsel for respondent Nos.5 and 6.
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 seeks a writ of certiorari for quashment of the endorsement dated 28.11.2018 issued by respondent No.7, the endorsement dated 25.02.2019 issued by respondent No.6 as well as the endorsement dated 01.03.2019 issued by respondent No.5.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the Deputy Commissioner has directed the Tahsildar to issue the Caste Certificate to the petitioner. However, no action in the matter has been taken. Learned counsel for the petitioner further submitted that the writ petition be disposed of with a direction to the Tahsildar to take action with regard to issuance of Caste Certificate to the petitioner in accordance with law.
4. On the other hand, learned counsel for the respondents submitted that suitable action in accordance with law shall be taken in the matter.
5. In view of the aforesaid submission and in the facts of the case, the petition is disposed of with a direction to the Tahsildar to consider the claim of the petitioner for issuance of the Caste Certificate on the basis of the material, which may be produced by the petitioner before the Tahsildar within a period of six weeks from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-