Karnataka High Court
Ramappa S/O. Fakirappa Bhovi vs The State Of Karnataka on 13 September, 2013
Author: H.N.Nagamohan Das
Bench: H.N.Nagamohan Das
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
Dated this the 13th day of September 2013
Before
THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS
W.P. NO. 79648 OF 2013 (GM-CC)
BETWEEN
RAMAPPA S/O. FAKIRAPPA BHOVI
AGE: 37 YEARS, OCC: NIL,
R/O. HABALKATTI,
TQ: KUSHTAGI, DIST: KOPPAL
..... PETITIONER
(BY SRI DINESH M KULKARNI, ADV.)
AND
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY
SOCIAL WELFARE DEPARTMENT
M.S. BUILDING, BANGALORE
2. THE DEPUTY COMMISSIONER
KOPPAL, DIST:KOPPAL
3. THE ASSISTANT COMMISSIONER
KOPPAL SUB-DIVISION , DIST:KOPPAL
4. THE TAHASHILDAR
KUSHTAGI TALUK,DIST:KOPPAL
..... RESPONDENTS
(BY SMT. K. VIDYAVATHI, AGA)
:2:
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER PASSED BY THE 4TH RESPONDENT
DTD.17.03.2007 INSOFAR AS IT RELATES TO PETITIONER
IS CONCERNED VIDE ANNEXURE-F THE ORDER PASSED
BY THE 3RD RESPONDENT DTD.20.10.2012 VIDE
ANNEXURE-K AND THE ORDER PASSED BY THE 2ND
RESPONDENT DTD.13.06.2013 VIDE ANNEXURE-M IN
RESPECT OF PETITIONER CONCERNED AS NULL AND
VOID AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 17.03.2007 passed by the fourth respondent as per Annexure-F, the order dated 20.10.2012 at Annexure-K passed by the third respondent and the order dated 13.06.2013 passed by the second respondent as per Annexure-M.
2. Petitioner contends that he belongs to Bhovi community and he was treated as scheduled caste till 1998. For the first time in the year 1998, the respondent- :3: Tahasildar cancelled the caste certificate in favour of the petitioner on the ground he do not belong to scheduled caste. Aggrieved by the order of the respondent-Tahasildar, petitioner and others approached this Court in W.P.Nos.1245-1249/2000. This Court set aside the order of Tahasildar and remanded the matter for reconsideration. On reconsideration, again the respondent-Tahasildar, Assistant Commissioner and Deputy Commissioner passed the impugned orders holding that petitioner do not belong to scheduled caste. Hence, this writ petition.
3. A perusal of the impugned order specifies that in addition to the word 'Bhovi', no other synonyms is attached to them as Vaddar, Vadda etc. and as such petitioner do not belong to scheduled caste. Accordingly, the claim of the petitioner came to be rejected. The Supreme Court in Basavalingappa's case reported in AIR 1965 SC 1269 and this Court in Virupakshappa's case reported in AIR 1995 KARNATAKA 378 and in Bhovi Samaj Seva Sangha's case reported in ILR 2003 KARNATAKA 1584 considered the order issued by the President of India on 27.07.1977 and also the :4: notifications issued by the Government of Karnataka. Further in these judgments it is held that the list issued by the Government of Karnataka shall not be treated as an alternative or amendment to the order issued by the President of India specifying the list of scheduled castes. Therefore, the impugned orders passed by the authorities are contrary to the law declared by this Court and by the Apex Court in the decisions referred supra. On this ground, the impugned orders are liable to be set aside. The matter requires to be remanded for reconsideration. Accordingly, the following :
ORDER
(i) The Writ Petition is hereby allowed.
(ii) The impugned orders dated 17.03.2007 at Annexure-F, 20.10.2012 at Annexure-K and 13.06.203 at Annexure-M are hereby set aside.
(iii) The matter is remanded to respondent-
Tahasildar for reconsideration strictly in terms of the law declared by this Court :5: and the Apex Court in the decisions referred supra as early as possible and in any event not later than three months from the date of receipt of copy of this order.
Sd/-
JUDGE Naa