IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.33579 OF 2019 (GM-CC) Between:
Sri. Vinay T.V., S/o Sri. S.R. Vijaya Prakash Aged about 34 years Working as Village Accountant Shettihalli Circle Tumakuru Taluk R/at No.2590 ‘Rajashekaraiah Nilaya’ 9th Cross, Ashoka Road Tumakuru – 572 101 … Petitioner (By Sri. Bhargav Gopalaswamy, Advocate for Sri. C.R. Gopalaswamy, Advocate) And:
1. State of Karnataka Department of Revenue Represented by its Principal Secretary Vidhana Soudha Bengaluru – 560 001 2. The District Caste Verification Committee Represented by the President Tumakuru District Tumakuru – 572 101 3. The Deputy Commissioner & the President District Caste Verification Committee Tumakuru District Tumakuru – 572 101 4. Deputy Superintendent of Police Directorate of Civil Rights Enforcement Tumakuru – 572 101 … Respondents (By Sri. C. Jagadeesh, Special Advocate) This Writ Petition is filed under Article 226 of the Constitution of India, praying to quash the impugned orders dated 07.09.2018 passed by respondent No.2 and dated 07.09.2018 passed by respondent No.3 insofar as the petitioner is concerned vide Annexure-A and B respectively and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Bhargav Gopalaswamy, learned counsel for Sri. C.R. Gopalaswamy, learned counsel for the petitioner.
Sri. C. Jagadeesh, learned Special Counsel for the respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia has assailed the validity of the order dated 07.09.2018 by which the District Caste Verification Committee has directed to initiate criminal proceedings against the petitioner and the Tahsildar.
3. When the matter was taken up today, learned counsel for the petitioner submitted that under Section 5B of The Karnataka Scheduled Castes, Scheduled Tribes And Other Backward Classes (Reservation Of Appointment Etc) Act, 1990, the District Caste Verification Committee has no power to direct criminal proceedings. The aforesaid submission has not been fairly disputed by the learned Special Counsel.
4. In view of the aforesaid submission and in the facts of the case, the impugned order dated 07.09.2018 is quashed and set aside insofar as it pertains to direction of initiation of criminal proceedings against the petitioner.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-