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 NOS.32611-612 OF 2019 (GM-CC) BETWEEN:
1. SRI. ANJNAPPA S/O MUNISHAMAPPA AGED ABOUT 78 YEARS 2. SRI. MANJUNATHA. A S/O ANJINAPPA AGED ABOUT 36 YEARS BOTH PETITIONERS ARE R/AT KODIGENABELE VILLAGE KASABA HOBLI MALURU TALUK KOLAR DISTRICT – 563 130 … PETITIONERS (BY SRI. NATARAJA B.S., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE M.S.BUILDING BENGALURU – 560 001 2. THE THASILDAR MALUR TALUK AT MALUR KOLAR DISTRICT – 563 130 … RESPONDENTS (BY SRI.C. JAGADEESH, SPECIAL COUNSEL) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 17.05.2014 IN A PROCEEDINGS PRODUCED AT ANNEXURE-D PASSED BY THE R-2/THASILDAR MALUR TALUK AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Nataraja B.S., learned counsel for the petitioners.
Sri. C. Jagadeesh, learned Special Counsel for the respondents.
These petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioners inter alia seek for a writ of certiorari quashing the impugned order dated 17.05.2014 issued by respondent No.2-Thasildar, Malur Taluk in the proceedings produced at Annexure-D.
3. When these matters were taken up today, learned counsel for the petitioners submits that the controversy involved in the instant writ petitions are squarely covered by the order dated 23.06.2014 passed in W.P.No.13633/2014. On the other hand, learned Special Counsel did not dispute the aforesaid submission.
4. For the reasons assigned in the order dated 23.06.2014 passed in W.P.No.13633/2014 and in view of the judgment of the Division Bench of this Court in ‘SMT. GEETHANJALI V. THE CANARA BANK, REP BY ITS GENERAL MANAGER, BANGALORE AND OTHERS’, the Thasildar has no jurisdiction to cancel the Caste Certificate once issued in favour of the petitioner.
Therefore, the order impugned is a nullity in the eye of law.
5. In view of the aforesaid submissions and in the facts of the case, the impugned order dated 17.05.2014 passed by the Thasildar is quashed and the proceedings are directed to be placed before the District Caste Verification Committee for adjudication under the Karnataka Scheduled Castes & Scheduled Tribes & Other Backward Classes (Reservation of Appointments, etc) Rules, 1992.
6. The petitioners are directed to be present before the District Caste Verification Committee on 03.09.2019 without further notice.
With the aforesaid directions, these petitions are disposed of.
Sd/- JUDGE Mds/-