IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.28370-28373 OF 2013 (GM-CC) BETWEEN:
1. Shankar, S/o Arjun, Aged about 42 years, R/at Ward No.107, Rajagopal Nagar, Laggere, Bengaluru–560 058.
2. Raghu S., S/o Shankar, Aged about 20 years, Address: Ward No.372, 5th Cross, Rajagopal Nagar, Peennya, 2nd Stage, Bengaluru–560 058.
3. Balraj. S., S/o Shankar, Aged about 23 years, Address: Ward No.372, 5th Cross, Rajagopal Nagar, Peenya, 2nd Stage, Bengaluru–560 058.
4. Arun Kumar S., S/o Shankar, Aged about 21 years, Address Ward No.372, 5th Cross, Rajagopal Nagar, Peenya, 2nd Stage, Bengaluru–560 058.
… Petitioners (By Sri. K. N. Subba Reddy, Advocate - Absent) AND:
1. Union of India, Represented by Ministry of Social Justice – 560 041.
2. National Commission for Schedule Caste, 5th Floor, Lokanaik Bhavan, Khan Market, New Delhi–110 003. Represented by its Chairman.
3. The State of Karnataka, Represented by its Principal Secretary, Social Welfare Department, M. S. Building, Bengaluru–560 012.
… Respondents (By Sri. C. Shashikanth, ASG for R1 and R2; Sri. C. Jagadish, Special Counsel for R3) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the notification dated nil, appeared in the News Papers dated 30.06.2013, vide Annexure – C in so far as the Banjara Community shown in the third column pertaining to caste to be deleted and etc., These Petitions coming on for Preliminary Hearing in 'B' Group, this day, the Court made the following:-
ORDER None for the petitioners.
Sri. C. Shashikantha, learned Assistant Solicitor General for respondent Nos.1 and 2.
Sri. C. Jagadish, learned Special Counsel for respondent No.3.
2. Record perused. In these petitions, petitioners inter alia have prayed for the following reliefs:
“(i) Issue a writ or order in the nature of certiorari or any order or direction quashing the Notification No.S- 44/Inclusion-Exclusion-17/2012-SSW-1 dated ‘nil’ appeared in the news papers dated 30.06.2013 vide Annexure-C in so far as the Banjara community shown in the third column pertaining to caste to be deleted.
(ii) Issue a writ in the nature of mandamus or any order or direction directing the second respondent National Commission for Schedule Caste not to conduct any hearing pursuant to the publication of notice No.S-44/Inclusion- Exclusion-17/2012-SSW-1 dated ‘nil’ appeared in the news papers dated 29.06.2013 and 30.06.2013 vide Annexures-B1 and C in so far as the Banjara community shown in the third column pertaining to caste.”
3. When these matters were taken up today, learned Assistant Solicitor General for respondent Nos.1 and 2 as well as learned Special Counsel for respondent No.3 have invited the attention of this Court to the order dated 03.07.2013 passed by a Bench of this Court and have submitted that respondent No.2 has already been directed to consider the request of the parties appearing before them for grant of sufficient time to putforth the contentions in writing by adjourning the hearing to a future date. It is also submitted that insufficiency of time was the main grievance of the petitioners in these petitions.
4. However, it appears that vide ad-interim order dated 03.07.2013, the grievance of the petitioners stands redressed. Therefore, I dispose of these writ petitions with a direction to respondent No.2 to conclude the proceedings, which has been initiated in response to the notice dated 13.06.2013.
5. With the aforesaid liberty, petitions are disposed of.
Sd/- JUDGE Mds/-