Petitioner challenged Commission proceedings on a complaint seeking cancellation of her registered sale deed. Relying on the coordinate bench ruling that the SC/ST Commission cannot adjudicate parties' rights, the High Court quashed the proceedings.
Proceedings in Complaint No.39/2017 before respondent No.2 quashed and the complaint dismissed.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 34619 OF 2017 (GM-RES)
BETWEEN:
SMT. ANITHA H., D/O SRI.ARAS KUMAR, AGED ABOUT 53 YEARS, NO.1/3, 20TH MAIN ROAD, MARENAHALLI RAJANNA TEXTILE, VIJAYANAGAR, BANGALORE – 560 040.
…PETITIONER
(BY SRI. VENKATESHA T S., ADVOCATE)
AND:
Digitally signed by B KMAHENDRAKUMAR 1. SRI.B.R.KRISHNA, Location: HIGH COURT OF S/O B.RAMAIAH, KARNATAKA AGED ABOUT 62 YEARS, NO.11, NEW COLONY, COCKS TOWN, JEEVANAHALLI, BANGALORE – 560 005.
NC: 2024:KHC:20127 WP No. 34619 of 2017
REPRESENTED BY IT'S PRESIDENT/SECRETARY.
…RESPONDENTS
(BY SRI.A.C.MANJUNATH, ADVOCATE FOR R2; R1 SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS PENDING BEFORE R-2 IN COMPLAINT NO.39/2017 VIDE ANNEXURE – A AND ETC.,
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The first respondent filed a complaint before the second respondent alleging that the site allotted to him by the NGEF Society was illegally conveyed to the petitioner by executing a registered sale deed and therefore cancel the sale deed. The second respondent on the complaint filed by the first respondent initiated proceedings under Sections 8 and 10 of the Scheduled Castes and Scheduled Tribes Act, 2002.
" 12. Post the aforesaid amendment the duties of the Commission were to investigate and monitor all matters relating to safeguards provided for Scheduled Castes and Scheduled Tribes and enquire into specific complaints with respect to deprivation of rights and safeguards of Scheduled Castes and Scheduled Tries. One major change that was brought about in the 65thendment to Article 338 was that it vested the Commission with all the powers of a civil Court trying a suit while investigating any matter referred to it under sub-clause (a) or enquiring into any complaint referred it under sub-clause (b) of Clause (5) of Article 338.
13. In terms of Article 338 of the Constitution, the Karnataka Scheduled Castes and Scheduled Tribes Act, 2002 (hereinafter referred to as 'the Act for short) was notified. Powers and functions of the State Commission constituted under the Act are akin to the powers and functions of the National Commission as indicated hereinabove. Sections 8 and 10 of the Karnataka State Commission for the Scheduled Castes and Scheduled Tribes Act, 2002 (hereinafter referred to as 'the said Act' for short) deal with powers and functions of the State Commission, which read as follows:
" Section 8 : Functions of the Commission :
(a) to investigate and examine the working of various safeguards provided in the constitution of India or under any other law for the time being in force or under any order of the Government for the welfare and protection of the Scheduled Castes and the Scheduled Tribes of Karnataka and;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguard of the Scheduled Castes and the Scheduled Tribes of Karnataka and to take up such matter with the appropriate authorities;
c) to participate and advise on the planning process of socio economic development of the Scheduled Castes and the Scheduled Tribes and to evaluate the progress of their development in the State.
(d) to make recommendations as to the measures that should be taken by the State for the effective implementation of safeguards and other measures for the protection, welfare and socio economic development of the Scheduled Castes and the Scheduled Tribes and to make report to the State Government annually and at such other time as the Commission may deem fit.
(e) to discharge such other functions in relation to the protection, welfare, development and advancement of the Scheduled Castes and the Scheduled Tribes as may be prescribed:
Provided that if any matter specified in this section is dealt with by the National Commission for Scheduled Castes and the Scheduled Tribes established under Article 338 of the Constitution of
India the State Commission for Scheduled Castes and the Scheduled Tribes shall cease to have jurisdiction on such matter."
Section 10 : Powers of Commission :-
The Commission shall, while investigating any matter under section 8, have all the powers of a civil court in trying a suit and in particular, in respect of the following matters, namely :
(a) summoning and enforcing the attendance of any person from any part of the State and examining him on oath;
(b) requiring the discovery and production of any document;
( c) receiving evidence on affidavits;
(d) requisitioning any public record or coy thereof from any court or office;
(e) issuing Commissions for the examination of witnesses and documents; and
(f) any other matter which may be prescribed. "
A reading of the afore-extracted Sections 8 and 10 of the said Act, makes it abundantly clear that the Commission is not empowered to adjudicate upon the rights of parties. The power vested with the Commission of Inquiry and submission of a report cannot be extended to adjudicate all disputes between individual and a State or a statutory authority. The powers conferred do not contemplate that the Commission can examine matters like a civil Court and adjudicate dispute and pronounce its decision either interim or final or issue a direction of the kind that is issued in the case on hand.
14. The Commission cannot be construed to be a Tribunal or a forum discharging the functions of a judicial character or Court. Article 338 of the Constitution itself does not entrust the Commission with the power to take up the role of a Court or an adjudicatory Tribunal and determine the rights of parties inter se."
Sd/JUDGE
YKL List No.: 1 Sl No.: 0
1 issue framed by the court
Whether the State SC/ST Commission under Sections 8 and 10 of the 2002 Act has authority to adjudicate the validity of a registered sale deed.
Colour shows how this judgement treated each authority
M B Siddalingaswamy vs. The State of Karnataka and OthersRelied on¶5
M B Siddalingaswamy vs. The State of Karnataka and Others, disposed of on 23.11.2020
2 provisions across 2 enactments
Smt. Anitha H.
Sri B.R. Krishna
The Karnataka State Scheduled Caste and Scheduled Tribes Commission
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
