IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9701 OF 2013 (GM-CC) BETWEEN:
SRI. M. MAHADEVAPPA S/O C. MADAYYA AGED ABOUT 52 YEARS OCCUPATION: BUSINESS R/OF NO.204, NAYAK LANE T. NARASIPURA TOWN MYSORE DISTRICT-570001.
(By Mr. PRAVEEN KUMAR RAIKOTE, ADV.) AND:
1. THE TAHASILDAR T. NARASIPURA TALK T. NARASIPURA-577134.
2. SRI. LOKESH AGED ABOUT 46 YEARS R/O NO. 250 PRIMARY SCHOOL ROAD T. NARASIPURA TOWN MYSORE DISTRICT-570001.
(By Mr. C. JAGADISH, SPL. COUNSEL FOR R1 Mr. A.V. GANGADHARAPPA, ADV., FOR R2) - - -
… PETITIONER … RESPONDENTS This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash Annexure-C dated 17.11.2011 and all further proceedings pursuant thereto. Grant an interim order to stay all further proceedings before the 1st respondent and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Praveen Kumar Raikote, learned counsel for the petitioner.
Sri.C.Jagadish, learned Special counsel for the respondent No.1.
Sri.A.V.Gangadharappa, learned counsel for the respondent No.2.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks quashment of notice at Annexure-C dated 17.11.2011 passed by the Tahsildar.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the Tahsildar had issued the caste certificate and once he issues a caste certificate, he becomes functus officio and has no jurisdiction to issue the impugned notice. It is further submitted that the controversy involved in this petition is squarely covered by an order dated 08.08.2011 passed in W.P.No.23470/2011. The aforesaid aspect of the matter was not fairly disputed by the learned counsel for the respondents.
5. In view of the aforesaid submissions and for the reasons assigned by a Bench of this Court by order dated 08.08.2011 passed in W.P.No.23470/2011, the impugned notice dated 17.11.2011 is hereby quashed.
Accordingly, the petition is allowed.
Sd/- JUDGE RV