High Court of Karnataka cited petitioner's receipt of caste certificate from Yelahanka Tahasildar to quash subsequent suspicious notices issued by Assistant Commissioners of Harahanahalli and Hospet for an unrelated village enquiry.
Impugned notices at Annexures C and D are hereby quashed.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 20TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR
W.P. No. 147451/2020 (GM-CC)
BETWEEN:
SMT. VEENA W/O MAHANTESH, AGE ABOUT 45 YEARS, R/O 365/43, 13 MAIN, RAJMAHAL VILAS EXTENSION, SADASHIVNAGAR, BANGALORE.
(BY SRI PRAVEEN KUMAR RAIKOTE, ADVOCATE)
AND:
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE QUASH THE IMPUGNED ORDER AT ANNEXURES C AND D & ETC.
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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner has sought for the
following reliefs.
counsel for the respondents No. 1 and 2. In view of the submission of the learned counsel for the petitioner, respondents No.3 and 4 are deleted from the array of parties. I have perused the material on record.
urged in the writ petition by referring to the documents
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annexed thereto, it is the grievance of the petitioner that the petitioner submitted an application for issuance of caste certificate before the jurisdictional Tahasildar at Yalahanka who has considered the same and issued the caste certificate in favour of the petitioner on 01.08.2019 as can be seen from the copy of the caste certificate produced along with the memo dated 31.07.2021. Further, despite issuance of the caste certificate by the jurisdictional Tahasildar at Yelahanka, Bengaluru, the respondents No.1 and 2 have issued impugned notices dated 03.10.2019 and 11.12.2019 purporting to hold enquiry on the application made by the petitioner for issuance of caste certificate of Huvinahadagali village, which has no nexus or connection
with the application filed by the petitioner before the jurisdictional Tahasildar, Yelahanka or the caste certificate issued to them and as such petitioner is before this Court. 4. Per contra, learned counsel for the respondents submitted that there is no merit in the writ petition and sought for dismissal of the same.
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In the result, I pass the following order.
ORDER
ii) Impugned notices at Annexures C and D are hereby quashed.
SD JUDGE
bvv
1 issue framed by the court
Whether impugned notices issued by Assistant Commissioners lacking nexus with Tahasildar application are in violation of jurisdiction and need to be quashed under Articles 226 and 227 of the Constitut
1 provisions across 1 enactments
Smt. Veena W/O Mahantesh
Assistant Commissioner, Harapanahalli Sub Division
Assistant Commissioner, Hospet Sub Division
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
