Ambanna Mallappa Kandgal vs Sagar S/O. Shivaputrappa on 27 March, 2013

[Cites 3, Cited by 0]

Karnataka High Court

Ambanna Mallappa Kandgal vs Sagar S/O. Shivaputrappa on 27 March, 2013

Bench: Dilip B. Bhosale

                           1




           IN THE HIGH COURT OF KARNATAKA
              CIRCUIT BENCH, AT DHARWAD

        DATED THIS THE 27TH DAY OF MARCH 2013

                       BEFORE

        THE HON'BLE MR.JUSTICE DILIP B. BHOSALE

         WRIT PETITION No. 75544/2013 (GM-CPC)

BETWEEN:

1.   AMBANNA MALLAPPA KANDGAL
     AGE: 48 YEAS,
     R/O. TAWARAGERA, TQ:KUSTAGI
     DIST: KOPPAL .

2.   MARISWAMI URJAL
     AGE: 45 YEARS,
     R/O. AMBEDKAR NAGAR,
     TAWARAGERE, TQ: KUSTAGI
     DIST: KOPPAL .
                                        ... PETITIONERS

(BY SRI : C. R. HIREMATH, ADVOCATE)

AND :

1.   SAGAR S/O. SHIVAPUTRAPPA
     AGE. 34 YEARS,
     R/O. TAWARAGERA, TQ: KUSTAGI
     DIST: KOPPAL .

2.   THE DEPARTMENT OF PUBLIC INSTRUCTION
     BY ITS SECRETARY, BANGALORE.
                            2




3.   THE DISTRICT COMMISSIONER
     KOPPAL .

4.   THE DEPUTY DIRRECTOR
     OF PUBLIC INSTRUCTIONS
     KOPPAL .

5.   THE BOARD OF EDUCATION OFFICE
     KUSTAGI, TQ:KUSTAGI
     DIST: KOPPAL .

6.   THE HEADMASTER
     HIGHER PRIMARY SCHOOL
     TAWARGERA, KUSTAGI
     DIST: KOPPAL .

7.   THE SHASHIDHAR VIDYANIKETANA
     DEGREE COLLEGE, TAWARGERA
     TQ: KUSTAGI, BY ITS PRINCIPAL .

8.   THE HEAD MASTER
     HIGHER PRIMARY SCHOOL,
     KAVITAL, TQ: MANVI,
     DIST: RAICHUR.
                                       ... RESPONDENTS

(BY Ms. MEGHA C. KOLEKAR, H.C.G.P. FOR R2, R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED:22/11/2012 IN I.A.NO.2, PASSED BY THE COURT OF CIVIL JUDGE AND JMFC., KUSTAGI IN O.S.NO.173/2011, WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

PC :

Heard Mr. C.R. Hiremath, learned counsel for the petitioners and Ms. Megha C. Kolekar, learned Government Advocate for respondent Nos. 2, 3 and 4.

2. This writ petition is directed against the order dated 22.11.2012 passed by the Court below on the application filed by the petitioners seeking their impleadment in the suit bearing O.S. No. 173/2011 filed by respondent No.1. Respondent No.1 in the suit sought declaration that he belongs to a Hindu Madiga caste. The petitioners have filed affidavit in support of their application seeking impleadment stating that they are the villagers and in public interest their impleadment would be necessary in the suit. The petitioners have filed petition challenging the caste certificate issued in favour of respondent No.1 before the appropriate authority under the provisions of 4-B of the Karnataka Scheduled Castes Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) (Amendment) Act, 1997. Keeping that in view and considering the reasons stated by the learned Judge 4 in rejecting the application, I do not find any reason to interfere with the same in the writ jurisdiction under Article 227 of the Constitution of India. In my opinion, the petitioners are neither necessary nor proper parties in the said suit. Hence, the petition is dismissed.

Sd/ JUDGE hnm/-

Unlock Advanced Research with PRISMAI

Karnataka High Court