IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOs.55669-55701/2018 (GM-CC) BETWEEN:
1. SRI SHANMUKHASWAMY AGED ABOUT 52 YEARS, S/O SIDDARAMAIH S.G., 8TH MAIN ROAD, S.S.PURAM, KASABA HOBLI, TUMKUR-572102 2. SMT SHOBHA.S AGED ABOUT 38 YEARS, W/O SHANMUKHASWAMY, 8TH MAIN ROAD, S.S.PURAM, KASABA HOBLI, TUMKUR-572102 3. SRI NUTHAN.S AGED ABOUT 19 YEARS, S/O SHANMUKHASWAMY, 8TH MAIN ROAD, S.S.PURAM, KASABA HOBLI, TUMKUR-572102 4. KUMARI SHILPA S AGED ABOUT 8 YEARS, D/O SHANMUKHASWAMY, 8TH MAIN ROAD, S.S.PURAM, KASABA HOBLI, TUMKUR-572102 REPRESENTED BY SHANMUKHASWAMY, NATURAL GUARDIAN.
5. SMT JOTHI PRAKASH AGED ABOUT 46 YEARS, S/O SIDDARAMAIAH S G, 2ND MAIN ROAD, 7TH CROSS, SRINAGAR, DEVARAYAPATANA, KASABA HOBLI, TUMKUR-572104 6. SRI A M SHAILASHREE AGED ABOUT 41 YEARS, W/O JYOTHI PRAKASH, 2ND MAIN ROAD, 7TH CROSS, SRINAGAR, DEVARAYAPATNA, KASABA HOBLI, TUMKUR -572104 7. KUMAR PAVAN J AGED ABOUT 13 YEARS, S/O JYOTHI PRAKASH, 2ND MAIN ROAD, 7TH CROSS, SRINAGAR DEVARAYAPATNA, KASABA HOBLI, TUMKUR-572104 REPRESENTED BY NATURAL GUARDIAN, JYOTHI PRAKASH 8. KUMARI MINCHUSREE J AGED ABOUT 13 YEARS, D/O JYOTHI PRAKASH, 2ND MAIN ROAD, 7TH CROSS, SRINAGAR DEVARAYAPATNA, KASABA HOBLI, TUMKUR-572104 REPRESENTED BY NATURAL GUARDIAN, JYOTHI PRAKASH 9. SRI SARPABHUSHAN G S AGED ABOUT 51 YEARS, S/O SIDDALINGAIAH G, NAGANNAPALYA SIRA GATE, TUMKUR-572106 10. SMT HEMALATHA AGED ABOUT 41 YEARS, W/O SARPABHUSHAN G S, NAGANNAPALYA, SIRA GATE, TUMKUR-572106 11. SRI KARTHIK G S AGED ABOUT 18 YEARS, S/O SARPABHUSHAN G S, NAGANNAPALYA, SIRA GATE, TUMKUR-572106 12. SRI BASAPPA AGED ABOUT 53 YEARS, S/O VEERABHADRAIAH, KAWTHA MARANAHALLI, GULUR HOBLI, TUMKUR-572118.
13. SRI LOKESH K B AGED ABOUT 22 YEARS, S/O BASAPPA, KAWTHA MARANAHALLI, GULUR HOBLI, TUMKUR-572118.
14. SRI VINAY K B AGED ABOUT 19 YEARS, S/O BASAPPA, KAWTHA MARANAHALLI, GULUR HOBLI, TUMKUR-572118.
15. SRI M S SACHIDANANDA MURTHY AGED ABOUT 56 YEARS, S/O M S SHANKARAIAH, VIDYANAGAR, TUMKUR-572103 16. SRI YOGEESH M C AGED ABOUT 39 YEARS, S/O CHANNABASAIAH, SRI NAGARA, 6TH CROSS, BANDEPALYA, KASABA HOBLI, TUMKUR-572101 17. SRI SHIVARUDRAPPA AGED ABOUT 56 YEARS, S/O SIDDALINGAPPA, OORUKERE, TUMKUR (T), TUMKUR KASABBA HOBLI-572101 18. KUMARI PRIYANKA O S AGED ABOUT 13 YEARS, D/O SHIVARUDRAPPA, OORUKERE, TUMKUR (T) TUMKUR KASABBA HOBLI-572101 REPRESENTED BY NATURAL GUARDIAN, SHIVARUDRAPPA.
19. KUMAR SURESH AGED ABOUT 8 YEARS, S/O SHIVARUDRAPPA, OORUKERE, TUMKUR (T) TUMKUKR KASABBA HOBLI, REPRESENTED BY NATURAL GUARDIAN SHIVARUDRAPPA -572101 20. SRI SOMASHEKHARAIAH AGED ABOUT 52 YEARS, S/O SIDDANANJAIAH, GARDEN ROAD, CHIKKAPETE, ARASINGARA BEDI, AYAPPASWAMY TEMPLE, TUMKUR-572101.
21. SRI S UMASHANKAR AGED ABOUT 48 YEARS, S./O SIDDANANJAIAH, GARDEN ROAD, CHIKKAPETE, ARASINGARA BEDI, AYAPPASWAMY TEMPLE, TUMKUR-572101 22. SRI M R THONTARADHYA AGED ABOUT 45 YEARS, S/O RUDRAPPA, VADDARAHALLI, TUMKUR (T), TUMKUR, KASABBA HOBLI-572101 23. KUMAR MANOJ ARADHYA M T AGED ABOUT 10 YEARS, S/O THONTARADYA M R, VADDARAHALLI, TUMKUR (T), TUMKUR KASABBA HOBLI --572101 REPRESENTED BY NATURAL GUARDIAN THONTADARYA 24. KUMAR RAHUL ARADHYA M T AGED ABOUT 12 YEARS, S/O THONTARADHYA M R, VADDARAHALLI, TUMKUR (T), TUMKUKR KASABBA HOBLI, REPRESENTED BY N/G THONTARADHYA-572101 25. SRI SHAMBULINGASWAMY B N AGED ABOUT 31 YEARS, S/O NATARAJU, BHEEMASANDRA, TUMKUR, KASABBA HOBLI-572107 26. SRI SIDDALINGASWAMY B N AGED ABOUT 26 YEARS, S/O NATARAJU, BHEEMASANDRA, TUMKUR, KASABBA HOBLI-572107 27. SRI NATARAJU AGED ABOUT 60 YEARS, S/O B GURUPADASWAMY, BHEEMASANDRA, TUMKUR, KASABBA HOBLI-572107 28. SMT PALLAVI M S AGED ABOUT 24 YEARS, W/O SHAMBULINGASWAMY B N, BHEEMASANDRA, TUMKUR, KASABBA HOBLI-572107 29. SRI RAVISHANKAR M P AGED ABOUT 33 YEARS, S/O R PARAMASHIVAIAH, SHANTHINAGARA, TUMKUR-572107.
30. SRI G S SHASHIDHAR AGED ABOUT 58 YEARS, S/O G SIDDALINGAIAH,. MAHALAKSHMI LAYOUT, SIRAGATE,TUMKUR-572102 31. KUMARI G S RANJITHA AGED ABOUT 22 YEARS, D/O G S SHASHIDHAR,. MAHALAKSHMI LAYOUT, SIRAGATE,TUMKUR-572102 32. KUMARI G S MEGHA AGED ABOUT 18 YEARS, D/O G S SHASHIDHAR,. MAHALAKSHMI LAYOUT, SIRAGATE,TUMKUR-572101 33. SRI NAGESH N P AGED ABOUT 30 YEARS, S/O PUTTARADHYA, K.R.EXTENSION, M.G.ROAD, TUMKUR-572202.
(BY SRI. RAMESHCHANDRA, ADVOCATE) AND 1. STATE OF KARNATAKA VIDHANA SOUDHA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, DR.AMBEDKAR VEEDI, BENGALURU-560001.
2. JOINT SECRETARY SOCIAL WELFARE DEPARTMENT, VIKAS SOUDHA, DR.AMBEDKAR VEEDI, BENGALURU-560001.
3. DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR-572101 4. ASSISTANT COMMISSIONER TUMKUR DISTRICT, TUMKUR-572101 ... PETITIONERS 5. DEPUTY DIRECTOR SOCIAL WELFARE OFFICE, TUMKUR DISTRICT-572101 6. GRADE-2 THASHILDAR TALUK OFFICE, TUMKUR DISTRICT, TUMKUR-572101.
(BY SRI.C.JAGADISH, SPECIAL ADVOATE) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A UNDATED, A1 UNDATED, A2 UNDATED, A3 DATED 26.03.2018, A4 UNDATED, A5 DATED 26.03.2018, A6 DATED 26.03.2018, A7 UNDATED, A8 DATED 12.04.2018, A9 DATED 12.04.2018, A10 DATED 12.04.2018, A11 DATED 07.04.2018, A12 DATED 07.03.2018, A13 DATED 07.04.2018, A14 DATED 26.03.2018, A15 UNDATED (NOT VISIBLE)M A16 DATED 07.04.2018, A17 DATED 07.04.2018, A18 DATED 07.04.2018, A19 DATED 26.03.2018, A20 UNDATED, A21 DATED 26.03.2018, A22 DATED 26.03.2018, A23 DATED 26.03.2018, A24 UNDATED, A25 DATED 26.03.2018, A26 DATED 26.10.2018, A27 DATED 11.04.2018, A28 UNDATED A29 DATED 16.04.2018, A30 DATED 16.04.2018, A31 DATED 16.04.2018, A32 DATED 06.09.2017. ANNEXURE A TO A32 ARE ORDER PASED BY R-6 AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Rameshchandra, learned Counsel for the petitioners.
Sri.C.Jagadish, learned Special Counsel for the respondents.
The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the matters are heard finally.
2. In these writ petitions, petitioner, inter alia, seeks for the following relief:
“a) Quashing Annexure-A undated, A1 undated, A2 undated, A3 dated 26.03.2018, A4 undated, A5 dated 26.03.2018, A6 dated 26.03.2018, A7 undated, A8 dated 12.04.2018, A9 dated
07.04.2018, A14 dated 26.03.2018, A15 undated (not visible) M A16 dated 07.04.2018, A17 dated 07.04.2018, A18 dated 07.04.2018, A19 dated 26.03.2018, A20 undated, A21 dated 26.03.2018, A22 dated 26.03.2018, A23 dated 26.03.2018, A24 undated, A25 dated 26.03.2018, A26 dated 26.10.2018, A27 dated 11.04.2018, A28 undated A29 dated 16.04.2018, A30 dated 16.04.2018, A31 dated 16.04.2018, A32 dated 06.09.2017. Annexure A TO A32 are orders passed by R-6 and etc.”
3. When these matters were taken up today, learned counsel for the petitioners submits that petitioners belong to ‘Beda Jangama’ caste. It is further submitted that the petitioners filed applications for issuance of caste certificates before the Tahsildar. Thereupon, the Tahsildar by orders passed on different dates issued caste certificates to the petitioners. However, subsequently, by the impugned orders which have been referred to in the prayer clause of the petitions, the Tahsildar has cancelled the said caste certificates issued in favour of the petitioners.
4. Learned counsel for the petitioners submitted that the controversy involved in the instant writ petitions is squarely covered by the order dated 25.6.2015 passed by a Bench of this Court in Writ Petition No. 23414/2013. Learned counsel for the respondents was unable to dispute the aforesaid submission.
5. In view of the aforesaid submissions and for the reasons assigned by the Bench of this Court in the aforesaid order and taking into account the fact that after issuance of the caste certificate, the Tahsildar becomes functus officio, therefore, he cannot exercise any authority to cancel the caste certificates issued in favour of the petitioners.
6. In the result, the impugned orders are accordingly quashed. It is needless to state that any person who is aggrieved shall be at liberty to file an appeal under Section 4-B of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976.
7. With the aforesaid direction, the petitions are disposed of.
Sd/- JUDGE ln.