Petitioner filed a writ petition to quash proceedings for cancellation of a genealogical tree. The court granted liberty to raise jurisdictional objections before the Appellate Authority and stopped coercive action pending disposal.
Liberty granted to raise contentions before the Appellate Authority; coercive action stayed pending disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:34185 WP No. 12281 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2023 BEFORE
THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.12281 OF 2023 (GM-RES)
BETWEEN:
SRI ANCHERANGAIAH S/O. KEMPANNA, AGED ABOUT 60 YEARS, R/AT MARALENAHALLI VILLAGE, KASABA NORTH HOBLI – 572 106, TUMAKURU TALUK & DISTRICT. ... PETITIONER
(BY SRI V.B. SIDDARAMAIAH, ADVOCATE)
AND:
REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT.
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
(BY SRI RAJENDRA K.R., AGA FOR R-1 TO T-3; V/O. DATED 21/09/2023 – NOTICE TO R-4 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCEEDINGS BEARING CASE NO.AJSK(A)32/2022-23, FILED BY THE R-4 BEFORE THE R-2 THE ASSISTANT COMMISSIONER, TUMAKURU SUB-DIVISION AND APPELLATE AUTHORITY FOR CASTE CERTIFICATE, MINI VIDHANA SOUDHA, TUMAKURU, FOR CANCELLATION OF THE G-TREE ISSUED IN FAVOUR OF THE PETITIONER, AS PER THE NOTICE DATED 27.12.2022 VIDE ANNEXURE-K.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned AGA to accept notice for respondent Nos.1 to 3.
Notice to respondent No.4 is dispensed with.
The petitioner in this writ petition assails the notice
dated 27.12.2022 issued by the Assistant Commissioner, Tumakuru Sub-Division and Appellate Authority for Caste Certificate-respondent No.2 and to quash the proceedings bearing case No.AJSK (A) 32/2022-23.
the learned AGA for respondent Nos.1 to 3.
obtained genealogical tree from the office of the Tashildar
as the family members of late Kempanna, respondent No.4 gave an application before the Assistant Commissioner and Appellate Authority for Caste Certificate-respondent No.2 for cancellation of the genealogical tree issued by respondent No.3. The appeal was entertained by respondent No.2 and notice was ordered to the petitioner herein.
respondent No.2-Appellate Authority has no jurisdiction to entertain the appeal filed by respondent No.4 seeking for cancellation of the genealogical tree issued in favour of the petitioner herein.
NC: 2023:KHC:34185 WP No. 12281 of 2023
No.2 to consider the same and pass appropriate orders, in accordance with the law.
is at liberty to raise all his contentions before the Assistant
Commissioner and Appellate Authority for Caste
Certificate-respondent No.2 and respondent No.2 to pass appropriate orders in accordance with law. Till such consideration and disposal of the appeal, respondent No.2 not to take any coercive action.
With the said observations, the writ petition stands disposed of.
Sd/JUDGE
MBM
List No.: 1 Sl No.: 13
1 issue framed by the court
Whether to grant liberty to the petitioner to raise contentions regarding jurisdiction before the Appellate Authority.
2 provisions across 1 enactments
Sri Ancherangaiah
The State of Karnataka
The Assistant Commissioner Tumakuru
The Tahsildar Grade-2 Tumakuru
Sri Shantha Kumar
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
