Sri H M Gangadharaiah Vs the State of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS UNDER ANNX-A BEARING RD 0038542094213 DTD 24.11.2022 PASSED BY THE R-4, ANNX-A1 BEARING RD 0038544185759 DTD 15.11.2022 PASSED BY THE R-4 AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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NC: 2026:KHC:327 WP No. 29134 of 2023

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HC-KAR

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ORAL ORDER

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The petitioners claiming to be the members belonging to Beda Jangama Caste had filed applications before the Respondent No.4, Tahsildar seeking issuance of Caste Certificate, certifying that they belong to Beda Jangama, Scheduled Caste Community. It is alleged that Respondent No.4-Tahsildar, without conducting any enquiry whatsoever, as contemplated under Section 4A of the Karnataka Scheduled Caste and Scheduled Tribes and Other Backward Classes (Reservation of Appointments Etc.) Act, 1990, rejected the said application vide orders produced at Annexures-A to A11, as against which the petitioners had preferred appeal before Respondent No.3Assistant Commissioner under Section 4B of the aforesaid Act, which was also dismissed. Thereafter, as against the order of the Assistant Commissioner the petitioners preferred Revision Petition before Respondent No.2Deputy Commissioner under Section 4F of the aforesaid

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NC: 2026:KHC:327 WP No. 29134 of 2023

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HC-KAR

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Act, which also came to be dismissed. Being aggrieved,

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the petitioners are before this Court.

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Sri R.G.Hedge, learned counsel for the petitioners, taking this Court through the records, vehemently submitted that, the Original Order passed by the Tahsildar, produced vide Annexure-A series, is one without assigning any reason whatsoever, violating all principles of natural justice and the statutory provisions. He submitted that the Tahsildar ought to have given reasons for coming to the conclusion that the petitioners are not entitled for issuance of the certificate as prayed for by them. He further submits that, the Assistant Commissioner and the Deputy Commissioner have followed the error committed by the Tahsildar in depriving the petitioners of their statutory right. Hence seeks for allowing the petition.

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Sri C.Jagadish, learned Special Counsel appearing for

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the Respondent-Authorities submits that, it is a settled position of law that, person belonging to the Lingayath

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NC: 2026:KHC:327 WP No. 29134 of 2023

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HC-KAR

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Community cannot seek issuance of Caste Certificate claiming themselves belonging to Beda Jangama Caste. However, he fairly submits that, the Tahsildar has not assigned any reason for rejection of the applications of the petitioners.

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Heard and perused the records.

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It is a trite law that, any judicial or quasi judicial order has to be preceded by a reason. A perusal of Annexure-A series would indicate that, Respondent No.4 has rejected the application of the petitioners with a one-

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stroke line order stating "�ಾಗ�ಕನು ಅವನು ಸೂ��ದ �ಾ��ೆ �ೇ�ದವನಲ�".

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Except these five words, nothing is forthcoming to justify the basis on which the Tahsildar has arrived at this conclusion. The least that is expected from the Officer while passing Orders is, to speak out his mind in the Order for having come to such conclusion. In the absence of the same, the Order, as rightly contented by the petitioners, is unsustainable. Consequent Orders passed

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HC-KAR

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by the Assistant Commissioner and Deputy Commissioner

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also have not met the requirement of law in delivering reasoned orders. This Court, therefore, finds no justification in sustaining these Orders.

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Accordingly, the following order is passed :

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ORDER

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i) Petition is allowed ;

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ii) Impugned Orders at Annexure-A series, passed by the Tahsildar are quashed. Consequently, the orders passed by the Assistant Commissioner and Deputy Commissioner are also quashed.

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iii) Matter is remitted to Respondent No.4, Tahsildar, who, after affording sufficient opportunity to the petitioners and conducting an enquiry, if required, is directed to pass a well reasoned order within an outer limit of 3 months from the date of receipt of the certified copy of this order.

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