IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.19176 OF 2016 (GM - CC) BETWEEN:
SRI. M.SEETHARAM, S/O M.KRISHNAMURTHY, AGED ABOUT 53 YEARS, WORKING AS ASSISTANT REGISTRAR, KUVEMPU UNIVERSITY, JNANA SAHYADRI, SHANKARGHATTA, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT – 577 451.
…PETITIONER (BY SRI. SUNILKUMAR P BANGARI, ADVOCATE FOR SRI. MADHUSUDHAN M.N., ADVOCATE) AND:
1. THE UNDER SECRETARY SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, BANGALORE – 560 001.
2. ADDITIONAL DIRECTOR GENERAL OF POLICE, DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT CELL, NO.1 DTE BUILDING, PALACE ROAD, BENGALURU – 560 001.
3. THE TAHSHILDHAR, KUNDAPUR TALUK, UDUPI DISTRICT – 576 201.
...RESPONDENTS (BY SRI. C.JAGADISH, SPL. GOVERNMENT ADVOCATE FOR R1 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 15.03.2016 VIDE ANNEXURE – H AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Sunil Kumar P.Bangari, learned Counsel for Sri.M.N.Madhusudhan, learned counsel for the Petitioner.
Sri.C.Jagadish, Special Government Advocate for Respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, seeks writ of certiorari and quashing of the order dated 15.03.2016 vide Annexure-H passed by the 3rd Respondent.
3. When the matter is taken up today, learned counsel for the petitioner submits that the impugned order has been passed by the Tahsildar without affording an opportunity of hearing to the petitioner, by which, Caste Certificate issued in favour of the petitioner was cancelled.
4. Learned Government Advocate is unable to point out from the record that petitioner was afforded with an opportunity of hearing.
5. In view of the fact that the impugned order has been passed in violation of principles of natural justice, the impugned order dated 15.03.2016 vide Annexure-H passed by the 3rd Respondent is hereby quashed and set aside. Needless to state that the competent authority, who issued the caste certificate shall be at liberty to take action against the petitioner in accordance with law, if so advised.
6. Accordingly, writ petition is disposed of.
Sd/- JUDGE Srl.