IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.13922-13923 OF 2019(GM-CC) BETWEEN:
1. V. MANJUNATHA S/O. LATE V. YEERAJ AGED ABOUT 41 YEARS WORKING AS FDA AT SP OFFICE, KGF RESIDING AT: BASAVESHWARA NILAYA HONNAGANGAYYA COMPOUND PRITCHARD ROAD, ROBERTSON PETE KGF TOWN, KGF TALUK KOLAR DISTRICT -563 122 2. V. LOKESH S/O. LATE V. YEERAJ AGED ABOUT 38 YEARS WORKING AS: CIVIL POLICE CONSTABLE MANIKUPPAM POLICE STATION, KGF, RESIDING AT: BASAVESHWARA NILAYA HONNAGANGAYYA COMPOUND PRITCHARD ROAD, ROBERTSON PETE KGF TOWN, KGF TALUK KOLAR DISTRICT – 563 122 ... PETITIONERS (BY SRI KASHNATH J.D, ADVOCATE) AND:
1. THE ADDITIONAL DIRECTOR GENERAL OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT TECHNICAL EDUCATION BUILDING PALACE ROAD BENGALURU– 560 001 2. THE SUPERINTENDANT OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT KOLAR TOWN KOLAR – 563 101 3. THE DEPUTY SUPERINTENDENT OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT GULLPETE, KOLAR TOWN KOLAR – 563 101 ... RESPONDENTS (BY SRI C. JAGADISH, SPECIAL COUNSEL) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENQUIRY PROCEEDINGS INITIATED THROUGH IMPUGNED POLICE NOTICES DATED 28.08.2018 AND DATED 01.10.2018 ISSUED BY RESPONDENT NO.3 AS PER ANNEXURES-‘A’ AND ‘B’ AS ILLEGAL AND WITHOUT AUTHORITY OF LAW AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Kashinath.J.D, learned counsel for the petitioners.
Sri.C.Jagadish, special counsel for the respondents.
These petitions are admitted for hearing. With the consent of the learned counsel for the parties, the same is heard finally.
2. In these petitions, the petitioners inter alia seek for a writ of certiorari for quashing of Notices dated 28.08.2018 and 01.10.2018 issued by Respondent No.3, viz., Deputy Superintendent of Police, Directorate of Civil Rights Enforcement, Kolar.
3. When the matters were taken up today, learned Counsel for the petitioners submitted that the impugned Notices dated 28.08.2018 and 01.10.2018 are issued by respondent No.3 who has no authority in law to do so. On the other hand, learned Counsel for the respondents was unable to point out the source of authority under which the aforesaid notices have been issued by respondent no.3.
4. I have considered the submission of the learned Counsel for the petitioners.
5. The District Caste Verification Committee has validated the social status certificate to petitioner No.1 on 06.07.2010 and petitioner No.2 on 05.04.2006. The said social status certificates have to be scrutinized, verified and approved as per the guidelines laid down by the Supreme Court in the case of ‘KUMARI MADHURI PATIL & ANOTHER VS ADDITIONAL COMMISSIONER, TRIBAL DEVELOPMENT & OTHERS, AIR 1995 SC 94’.
6. In view of the aforesaid enunciation of law by the Supreme Court, the Deputy Superintendent of Police – respondent no.3 has no authority in law to issue the impugned notices dated 28.08.2018 and 01.10.2018 for initiation of an enquiry into the social status of the petitioners. Hence, the impugned notices dated 28.08.2018 and 01.10.2018 are quashed and set aside. However, liberty is reserved to the respondents to take action against the petitioners, if so advised, in accordance with law.
With the aforesaid liberty, writ petitions are disposed of.
Sd/- JUDGE BNV