IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51070/2019(GM-CC) BETWEEN:
SRI KUMARASWAMY R, AGED ABOUT 53 YEARS, S/O SRI. RAMACHANDRA M, RESIDENT OF WARD NO. 2, NEAR MAIN ROAD, NARASIMHARAJAPURA TOWN, NARASIMHARAJAPURA TALUK, CHIKKAMAGALURU DIST-577134.
...PETITIONER (BY SRI B. C. SEETHA RAMA RAO, ADVOCATE) AND:
1 . THE DISTRICT CAST VERIFICATION COMMITTEE CHIKKAMAGALURLU DISTRICT, CHIKKAMAGALURU, REP. BY ITS MEMBER SECRETARY-577101.
2 . THE SUPERINTENDENT OF POLICE, CIVIL RIGHTS ENFORCEMENT CELL, MANGALURU REGION, III FLOOR, MDA BUILDING, URVA STORE, MANGALORE 575006 DAKSHINA KANNADA.
3 . THE TAHSILDAR, NARASIMHARAJAPURA TALUK, NARASIMHARAJAPURA-577134 4 . SRI. SRINATHA K MAJOR IN AGE, S/O KARIYAPPA, RESIDENT OF WARD NO. 4, MEDARA STREET, NARASIMHARAJAPURA TOWN, CHIKKAMAGALURU DISTRICT:577134.
…RESPONDENTS (BY SRI C. JAGADISH, SPECIAL COUNSEL FOR R1 TO R3) … THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 NOT TO PROCEED WITH ENQUIRY IN CASE DATED 13.11.2019 AT ANNEXURE-C BEFORE THE DISTRICT CASTE VERIFICATION COMMITTEE, CHIKKAMAGALURU DISTRICT AGAINST THE PETITIONER AND TO DROP THE PROCEEDINGS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in the above writ petition has sought for a writ of mandamus directing respondent No.1 not to proceed with enquiry in Case No.Ja.Pa.Sa:CR-02/2019-20 dated 13.11.2019 at Annexure-C before the District Caste Verification Committee, Chikkamagalur District against him and to drop the proceedings and respondent No.2 not to proceed with the enquiry in Case No.Ja.Vi:12:Na.Ha.Ja.Ni:MAN.V:2019-20 dated 5.9.2019 at Annexure-D before the Superintendant of Police, Civil Rights Enforcement Cell, Mangalore Region, Mangalore against him and to drop the proceedings.
2. When the matter had come up before this Court on 22.11.2019, at the request of the learned Special Counsel, Sri C. Jagadish, the matter was adjourned to verify whether both the Authorities i.e., the District Caste Verification Committee, Chikkamagalur District and the Superintendent of Police, Civil Rights Enforcement Cell, Mangalore Region, Mangalore can simultaneously proceed with the enquiry.
3. Today, Sri Jagadish, learned Special Counsel on instructions submits that after inspection of the Cell by the Police, enquiry has to be completed and a report has to be submitted to the District Caste Verification Committee and then the District Caste Verification Committee can proceed further.
4. The learned Special Counsel further submits that till the Superintendent of Police, Civil Rights Enforcement Cell, Mangalore Regional, Mangalore will complete the enquiry and submit the report to the District Caste Verification Committee, the District Caste Verification Committee will not proceed with the enquiry dated 13.11.2019 initiated in Case No. Ja.Pa.Sa:CR- 02/2019-20 as per Annexure-C.
5. The said submissions is placed on record.
6. In view of the above, writ petition is disposed off directing the Superintendent of Police, Civil Rights Enforcement Cell, Mangalore Regional, Mangalore to proceed with the enquiry against the petitioner in accordance with law and submit a report to the District Caste Verification Committee. Till then, the proceedings initiated by the District Caste Verification Committee, Chikkamagalur District is kept in abeyance with liberty to proceed further after receipt of the report stated supra.
Ordered accordingly.
Sd/- Judge Nsu/-