IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.6748/2017 (GM-CC) BETWEEN:
MR.SHAILESH KUMAR.B.A AGED ABOUT 37 YEARS S/O AYITARAPPA.B.R RESIDING AT No.25/2, BHAIRAVESHWARA NILAYA, NEAR KAVERY BAKERY, IMMADIHALI MAIN ROAD WHITEFIELD, BENGALURU – 560 066. …PETITIONER (BY SRI SUNIL KUMAR.H, ADV.) AND:
1. THE DEPUTY COMMISSIONER HASSAN – 573 201.
2. THE ASSISTANT COMMISSIONER SAKLESHPUR HASSAN – 573 134.
3. THE TAHASILDAR ARAKALGUD TALUK ARAKALGUD – 573 102.
4. THE COMMISSIONER BACKWARD CLASSES DEPARTMENT BENGALURU – 560 001.
5. THE DIRECTOR DEPARTMENT OF TECHNICAL EDUCATION PALACE ROAD, BENGALURU – 560 001.
6. SMT.ROPASHREE D/O DODDEGOWDA ANANDUR VILLAGE, RAMANATHAPURA HOBLI, ARAKALGUD TALUK HASSAN DISTRICT – 573 133. …RESPONDENTS (BY SRI LAKSHMINARAYANA, AGA FOR R-1 TO 5 NOTICE TO R-6 IS DISPENSED WITH V/O DATED:17/2/17) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 5 TO CONSIDER THE REPRESENTATION FILED BY PETITIONER AND TAKE ACTION AGAINST THE R-6 IN ACCORDANCE WITH LAW VIDE ANNEXURE-A, A1, A2, A3, A4 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Government Advocate to accept notice for respondent Nos.1 to 5 and file a memo of appearance in four weeks. Notice to respondent No.6 is not necessary since the petitioner is assailing the issue of caste certificate and the validity certificate issued to respondent No.6. The petitioner has the alternate remedy of filing an appeal under Section 4 (D) of the Karnataka SC, ST and other Backward Classes (Reservation of Appointment etc.) Rules.
2. Learned counsel for the petitioner in that light seeks leave to withdraw the petition and file an appeal in accordance with law.
Petition is disposed of accordingly.
Registry to return the papers if any sought by the learned counsel for the petitioner.
tsn*/Chs Sd/- JUDGE