Sumanth K G Vs the Superintendent of Police

SUMANTH K G S/O LATE GANGADHARSWAMY AGED ABOUT 23 YEARS OCC-AGARBHATTI BUSINESS R/O WARD NO.6 KANTENAHALLI BADAWANE HARAKESHWAR NAGAR K R NAGAR, TQ: K R NAGAR DIST MYSURU-571 602.

¶16

SMT SUSHMA K G W/O KISHORE AGED ABOUT 26 YEARS OCC HOUSE HOLD WORK R/O WARD NO.6 KANTENAHALLI BADAWANE HARAKESHWAR NAGAR, K R NAGAR, TQ K R NAGAR DISTRICT MYSURU-571 602.

¶17

…PETITIONERS

¶18

(BY SMT. SUMANGALA GACHCHINAMATH.,ADVOCATE)

¶19

2 -

¶20

NC: 2026:KHC:27708 WP No. 5307 of 2022 C/W WP No. 5299 of 2022 WP No. 5395 of 2022

¶21

HC-KAR

¶22

AND:

¶23

THE SUPERINTENDENT OF POLICE CIVIL RIGHTS ENFORCEMENT CELL NO.114, 10^TH MAIN ROAD SANMARGA NEAR VAISHALI SCHOOL SIDDARTH NAGAR MYSURU-570 011.

¶24

THE ENQUIRY OFFICER/POLICE INSPECTOR CIVIL RIGHTS ENFORCEMENT CELL NO.114 10^TH MAIN ROAD SANMARGA NEAR VAISHALI SHOOL SIDDARTH NAGAR MYSURU-570 011.

¶25

…RESPONDENTS

¶26

(BY SRI.C. JAGADEESH .,ADVOCATE)

¶27

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 13.01.2022 PRODUCED AS ANNX-C. BY R-2NOTICE DATED. 13.01.2022 PRODUCED AS ANNX-D. AND ETC.

¶28

IN WP NO. 5299/2022

¶29

BETWEEN:

¶30

SRI G N SWATANTRAMATH S/O LATE G R NIRANJAN AGED ABOUT 43 YEARS OCC AGRICULTURE R/O WARD NO.13, 7^TH A CROSS BASAVESHWAR BLOCK K R NAGAR, TQ K R NAGAR DISTRICT MYSURU-571 602.

¶31

SRI G S VEDANT AGED ABOUT 11 YEARS

¶32

NC: 2026:KHC:27708 WP No. 5307 of 2022 C/W WP No. 5299 of 2022 WP No. 5395 of 2022

¶33

3 -

¶34

HC-KAR

¶35

SINCE MINOR REPRESENTED BY HIS MINOR GUARDIAN FATHER SRI G N SWATANTRAMATH S/O LATE G R NIRANJAN AGED ABOUT 43 YEARS OCC AGRICULTURE R/O WARD NO.13, 7^TH A CROSS BASAVESHWAR BLOCK K R NAGAR, TQ K R NAGAR DISTRICT MYSURU-571 602.

¶36

...PETITIONERS

¶37

(BY SMT. SUMANGALA GACHCHINAMATH.,ADVOCATE)

¶38

AND:

¶39

THE SUPERINTENDENT OF POLICE CIVIL RIGHTS ENFORCEMENT CELL NO.114, 10TH MAIN ROAD SANMARGA, NEAR VAISHALI SCHOOL SIDDARTH NAGAR MYSURU-570 011.

¶40

THE ENQUIRY OFFICER/POLICE INSPECTOR CIVIL RIGHTS ENFORCEMENT CELL NO.114, 10^TH MAIN ROAD SANMARGA, NEAR VAISHALI SHOOL SIDDARTH NAGAR MYSURU-570 011.

¶41

...RESPONDENTS

¶42

(BY SRI.C. JAGADEESH .,ADVOCATE)

¶43

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 07.01.2022 VIDE ANNX-C. BY R-2; QUASH THE IMPUGNED NOTICE DATED 09.02.2022 VIDE ANNX-D AND ETC.

¶44

4 -

¶45

NC: 2026:KHC:27708 WP No. 5307 of 2022 C/W WP No. 5299 of 2022 WP No. 5395 of 2022

¶46

HC-KAR

¶47

IN WP NO. 5395/2022

¶48

BETWEEN:

¶49

SRI K C MAHADEVASWAMY S/O LATE CHANNABASAPPA DEVARU AGED 64 YEARS, OCC BUSINESS R/O WARD NO.13, 7^TH A CROSS, BASAVESHWARA BLOCK, K R NAGAR TQ. K.R. NAGAR DISTRICT MYSURU - 571 602.

¶50

SRI PANCHAKSHARI S/O CHANNABASAPPA AGED 68 YEARS, OCC BUSINESS R/O WARD NO.14,

¶51

7^TH 'A' CROSS, BASAVESHWARA BLOCK, K R NAGAR TQ. KR NAGAR DISTRICT MYSURU - 571 602.

¶52

SRI K P SIDDALINGA S/O PANCHAKSHARI AGED 40 YEARS, OCC BUSINESS R/O WARD NO.14, 7^TH A CROSS, BASAVESHWARA BLOCK, K R NAGAR TQ. KR NAGAR DISTRICT MYSURU - 571 602.

¶53

SRI K P LOHITH S/O PANCHAKSASHARI AGED 37 YEARS, OCC BUSINESS R/O WARD NO.14, 7^TH A CROSS, BASAVESHWARA BLOCK, K R NAGAR TQ. KR NAGAR DIST. MYSURU - 571 602.

¶54

SRI K C BABU S/O CHANNABASAPPA AGED 46 YEARS, OCC BUSINESS R/O WARD NO.15, BASAVESHWARA BLOCK,

¶55

5 -

¶56

NC: 2026:KHC:27708 WP No. 5307 of 2022 C/W WP No. 5299 of 2022 WP No. 5395 of 2022

¶57

HC-KAR

¶58

K R NAGAR TQ. K R NAGAR DISTRICT MYSURU - 571 602.

¶59

SRI SANJAY K B S/O BABU K C, AGED 22 YEARS OCC. STUDENT R/O WARD NO.15, BASAVESHWAR BLOCK, K R NAGAR, TQ. KR NAGAR DISTRICT MYSURU - 571 602.

¶60

...PETITIONERS

¶61

(BY SMT. SUMANGALA GACHCHINAMATH.,ADVOCATE)

¶62

AND:

¶63

THE SUPERINTENDENT OF POLICE CIVIL RIGHTS ENFORCEMENT CELL NO.114, 10TH MAIN ROAD, SANMARGA, NEAR VAISHALI SCHOOL, SIDDARTH NAGAR MYSURU - 570 011.

¶64

THE ENQUIRY OFFICER/POLICE INSPECTOR CIVIL RIGHTS ENFORCEMENT CELL NO.114, 10^TH MAIN ROAD, SANMARGA, NEAR VAISHALI SCHOOL SIDDARTH NAGAR MYSURU - 570 011. ...RESPONDENTS

¶65

(BY SRI.C. JAGADEESH .,ADVOCATE)

¶66

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 13.01.2022 VIDE ANNX-G BY R2. QUASH THE IMPUGNED NOTICE DTD 13.01.2022 VIDE ANNX-H BY R2. QUASH THE IMPUGNED NOTICE DTD 13.02.2022 VIDE ANNX-J BY R2. QUASH THE IMPUGNED NOTICE DATED 10.02.2022 VIDE ANNX-K BY R2 AND ETC.

¶67

6 - NC: 2026:KHC:27708 WP No. 5307 of 2022 C/W WP No. 5299 of 2022 WP No. 5395 of 2022

¶68

HC-KAR

¶69

THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶70

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

¶71

ORAL ORDER

¶72

Heard counsel for the parties.

¶73

2. The issue raised in these petitions is with regard to the jurisdiction of respondents-Civil Rights Enforcement Cell in issuing the impugned notice.

¶74

3. Perusal of the notices indicate that the petitioners had allegedly obtained caste certificates claiming to have belonged to 'Beda Jangama' community, which according to the contents of the notices, have been obtained by giving false information while they belong to 'Veerashaiva-Lingayath' community. Accordingly, at the directions of Joint Director, Social Welfare Department, Mysore District, the respondents have issued the notices calling upon the petitioners to furnish the documents in justification of the certificates obtained by them. It is these notices and the initiation of proceedings pursuant thereof put in question in these petitions.

¶75

7 - NC: 2026:KHC:27708 WP No. 5307 of 2022 C/W WP No. 5299 of 2022 WP No. 5395 of 2022

¶76

HC-KAR

¶77

4. Learned counsel for the petitioners relying upon the judgment dated 12.12.2022, passed by the Coordinate Bench of this Court in W.P.No.4538/2022, wherein identical proceedings were initiated by the Civil Rights Enforcement Cell have been held to be one without jurisdiction, submits that the facts in the present cases stand covered by the said order. Further she refers to provisions of Rule 7 and 7A of the Karnataka Scheduled Castes, Scheduled Tribes And Other Backward Classes (Reservation of Appointment) Rules, 1992 (for short 'Rule') to point out that unless and until preliminary enquiry was conducted by the District Caste Verification Committee (for short DCVC) and if in the event DCVC unable to come to the conclusion, only then Civil Rights Enforcement Cell would be entitled or would be justified in initiating the proceedings which is lacking in the instant petitions. Hence she submits that the issuance of the notices itself is one without jurisdiction, seeks for allowing of the petitions.

¶78

5. Sri. C Jagadeesh, learned Special Counsel appearing for the respondents-authorities in these three matters, submits that the complaint was by the Director of Social Welfare Department, Mysore District, who is Member

¶79

8 - NC: 2026:KHC:27708 WP No. 5307 of 2022 C/W WP No. 5299 of 2022 WP No. 5395 of 2022

¶80

HC-KAR

¶81

Secretary of District Caste Verification Committee. Merely non mentioning of the report by the DCVC would not take away the substratum of the proceedings initiated by the respondentauthorities. Having said that, he fairly submits if given some time and if the matters are remanded to the DCVC, the proceedings as contemplated under Rule 7 would also be complied with.

¶82

6. Submission is placed on record.

¶83

7. In the light of the order dated 12.12.2022 passed in W.P No.4538/2022 by the Co-ordinate Bench of this Court and the facts of the present cases being similar and in the light of submissions made by Special counsel for the respondents, present petitions are allowed .

¶84

8. Impugned notices issued by the respondent No.2 in

¶85

these petitions are quashed.

¶86

9. These matters are remitted to the DCVC to comply

¶87

with the requirement of Rule 7 and to proceed strictly in accordance with law after affording sufficient opportunity to the petitioners in these matters.

¶88

9 -

¶89

NC: 2026:KHC:27708 WP No. 5307 of 2022 C/W WP No. 5299 of 2022 WP No. 5395 of 2022

¶90

HC-KAR

¶91

10. The petitioners are directed to appear before the

¶92

DCVC on 29.06.2026. The DCVC shall initiate the proceedings as contemplated under Rule 7 and 7A of the Karnataka Scheduled Castes, Scheduled Tribes And Other Backward Classes (Reservation of Appointment) Rules, 1992 and complete the same as expeditiously as possible within an outer limit of 6 months thereafter.

¶93

Sd/(M.G.S. KAMAL) JUDGE

¶94

RU, List No.: 1 Sl No.: 37

Sumanth K G v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Sumanth K G v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri a M Subbaiah Vs the State of Karnataka

Mensa Brand Technologies Pte. Limited Vs Mohammadabbas Naushadali Patel

Sri.Prashanth Kumar Shetty Araimane Vs the State of Karnataka

Sri Pankaj Kumar Pandey I.A.S Vs Karnataka Information Commission

Mr Ibrahim Aliyabba Vs the Authorized Officer / Chief Manager

Mr. R Srinivas Vs M/S Karvy Financial Services Limited