IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14201 OF 2018 (GM-CC) BETWEEN:
SRI SIDDARAJU S/O SRI LATE SIDDAPPA AGED ABOUT 51 YEARS R/AT NO.763, 7TH CROSS RAMANUJA ROAD FORT MOHALA, MYSURU – 570 004 … PETITIONER (BY SRI MANMOHAN P.N., ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE M.S.BUILDING, BENGALURU – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE SCHEDULED CASTE AND SCHEDULED TRIBES DISTRICT CASTE VERIFICATION COMMITTEE MYSURU DISTRICT, MYSURU – 570 001 REPRESENTED BY THE DEPUTY COMMISSIONER MYSURU AND THE PRESIDENT 3. THE TAHASILDAR MYSURU TALUK MYSURU – 570 001 4. SRI S.H.SUBHASH MAJOR, R/AT NO.73, MARUTHI KRUPA 8TH MAIN, 8TH CROSS SARASWATHIPURAM MYSURU – 570 009 … RESPONDENTS (BY SRI C.JAGADISH, SPL. COUNSEL FOR R1-R3; SRI MAHESHA B., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 5.1.2018 PASSED BY R-2 (PRODUCED AS ANNEXURE-V) AND QUASH THE ORDER DATED 15.3.2018 PASSED BY R-3 (PRODUCED AS ANNEXURE-X), 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.Manmohan.P.N., learned Counsel for the petitioner.
Sri.C.Jagadish, Special Counsel for respondent Nos.1 to 3.
None for respondent No.4.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner interalia seeks for quashing of the order dated 05.01.2018 passed by respondent No.2. Petitioner also seeks a writ of certiorari for quashing the order dated 15.03.2018 passed by respondent No.3.
4. When the matter was taken up today, learned Counsel for the petitioner submitted that the controversy involved in the instant writ petition is squarely covered by order dated 23.01.2009 passed in W.P.No.13173/2008.
5. The aforesaid aspect of the matter has not been disputed by Sri.C.Jagadish, learned Special Counsel for respondents-1 to 3.
6. In view of the aforesaid submissions and taking into account the fact that the petitioner had obtained the Caste Certificate for contesting the election and not for securing any employment and for the reasons assigned by Bench of this Court in W.P.No.13173/2008, the impugned orders dated 05.01.2018 and 15.3.2018 are hereby quashed.
In the result, the petition is allowed.
Sd/- JUDGE KNM/-