IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.55333/2018 (GM-CC) BETWEEN:
SRI. VEERANNA M.D. S/O. SRI. DEVEGOWDA AGED ABOUT 25 YEARS R/O. MURATTIPALYA VILLAGE HONGANURU POST CHAMARAJANAGARA TALUK AND DISTRICT-571 117. … PETITIONER (BY SRI. V.R. BALARAJ, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT SOCIAL WELFARE DEPARTMENT M.S. BUILDING BANGALORE-560 001.
2. THE TAHSILDAR CHAMARAJANAGARA TALUK CHAMARAJANAGARA-571 313. ...RESPONDENTS (BY SRI. C. JAGADEESH, SPL. COUNSEL) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED: 21.06.2018 ISSUED BY THE R-2 IN NO.M.A.G.C.R.70/2016-17 PRODUCED AT ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. V.R.Balaraj, learned Counsel for the petitioner. Sri C.Jagadeesh, learned Special Counsel for respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the petitioner, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, assails the validity of the endorsement dated 21.06.2018 passed by the second respondent by which the second respondent has refused to issue Caste Certificate in favour of the petitioner.
3. When the matter was taken up today, Sri C.Jagadeesh, learned Special Counsel submitted that against the aforesaid order, appeal lies under Section 4B of the Karnataka Scheduled Caste, Scheduled Tribe and Other Backward Caste (Reservation of appointments etc) Act, 1990 before the Tahsildar.
4. Learned counsel for the petitioner submits that he be granted liberty to file appeal before the Appellate authority.
5. In view of the aforesaid submission and in the facts of the case, the petition is disposed of with liberty to the petitioner that in case the petitioner files an appeal before Tahsildar within two weeks from today, the Tahsildar after hearing the parties shall decide the appeal preferred by the petitioner by a speaking order within a period of eight weeks thereafter.
Accordingly, the petition is disposed of.
Sd/- JUDGE akc/-