IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51862/2019(GM-CC) BETWEEN:
SRI NARASIMHA MURTHY T. H., S/O SRI HANUMAPPA, AGED ABOUT 35 YEARS, R/AT THOWDANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT 562105.
...PETITIONER (BY SRI K. N. NITISH, ADVOCATE FOR SRI K. V. NARASIMHAN, ADVOCATE) AND:
1 . THE DEPUTY COMMISSIONER AND PRESIDENT, CASTE VERIFICATION COMMITTEE, CHIKKABALLAPUR, CHIKKABALLAPUR DISTRICT 562101 2 . THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, SOCIAL WELFARE DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560001.
…RESPONDENTS (BY SRI C. JAGADISH, SPECIAL COUNSEL) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER DATED 15.10.2018 AT ANNEXURE-C PASSED BY THE RESPONDENT-1 ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri C. Jagadish, learned Special counsel on taking notice for respondents raised preliminary objection with regard to maintainability of the present writ petition and contended that the impugned order is appealable under the provisions of Section 4-D of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.,) Act, 1990. The said submission is placed on record.
In view of the above, the writ petition is disposed off with liberty to the petitioner to avail the alternative remedy of appeal, if he is so advised. If there is any delay, it is always open for the petitioner to file an application before the appellate authority under the provisions of Section 14 of the Limitation Act to exclude the time spent before this Court in pursuing the present writ petition. If such an application is filed, the appellate authority shall consider the same and pass appropriate orders in accordance with law.
Sd/-
JUDGE Gss/-