Sri.Srinivasa Dasa vs The Deputy Commissioner on 17 February, 2016

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Karnataka High Court

Sri.Srinivasa Dasa vs The Deputy Commissioner on 17 February, 2016

Bench: Ashok B. Hinchigeri

                            1




   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 17th DAY OF FEBRUARY 2016

                         BEFORE

      THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI

         WRIT PETITION No.54139 OF 2015 (GM-CC)
        AND WRIT PETITION Nos.8447 TO 8451 OF 2016

BETWEEN :

1. Sri Srinivasa Dasa,
S/o.Heriya Dasa,
Aged about 34 years.

2. Smt.Swathi,
W/o.Srinivasa Dasa,
Aged about 23 years.

3. Sri Manjunath,
S/o.Heriya Dasa,
Aged about 35 years.

4. Smt.Asha,
W/o.Manjunatha,
Aged about 25 years.

5. Smt.Baby Dasa,
W/o.Madhava Dasa,
Aged about 38 years.

6. Sri Madhava Dasa,
S/o.Heriya Dasa,
Aged about 40 years.
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All are residents of
Door No.1-60 C,
Mandagadde,
Hosangady Village,
Kundarapura Taluk,
Udupi District - 576 282.                             ... Petitioners
                     (By Sri C.Gajendra, Advocate)
AND:

1. The Deputy Commissioner,
Udupi Division,
Udupi - 576 101.

2. The Assistant Commissioner,
Udupi Sub-Division,
Udupi - 576 101.

3. The Tahsildar,
Kundarapura Taluk,
Kundarapura - 576 214.                                ...Respondents

           (By Sri C.Jagadish, Special Government Advocate)

       These writ petitions are filed under Articles 226 and 227 of the
Constitution of India praying to direct the respondents to consider the
representation made by the petitioner Nos.1 to 6 produced at Annexures
A, B, C, D, E and F and further to issue caste certificate in favour of the
petitioners that the petitioners belong to Chenna Dasar Caste which
comes under the category of Scheduled Caste, etc.

      These writ petitions, coming on for orders, this day, the Court
made the following:
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                             ORDER

Sri C.Jagadeesh, the learned Special Government Advocate is directed to take notice for the respondents.

2. The grievance of the petitioners is that when they went to the Office of the third respondent to submit the representations for the issuance of caste certificate showing that they belong to 'Chennadasar', one of the enumerated Scheduled Castes, the Tahasildar was not prepared to receive the same, much less to consider them, so submits Sri Gajendra.

3. Sri C.Jagadish, learned counsel for the respondents denies the allegation that the Tahasildar was not prepared to receive the representations at Annexures A, B, C, D, E and F. He submits that assuming that the Tahasildar refused to receive the same, it was open to the petitioners to send the same by registered post or by courier service.

4. On hearing the learned advocates, I dispose of these petitions with a direction to the petitioners to submit the said 4 representations at Annexures A, B, C, D, E and F to the Tahasildar within one week from the date of the issuance of the certified copy of today's order. The Tahasildar shall receive the same and determine the caste status of the petitioners following the guidelines issued by the Apex Court in the case of KUMARI MADHURI PATIL AND ANOTHER v. ADDL. COMMISSIONER, TRIBAL DEVELOPMENT AND OTHERS reported in AIR 1995 SC 94 and any other applicable decisions, which may be cited by both the parties herein. The Tahasildar shall hold the enquiry in accordance with law and dispose of the anticipated representations as expeditiously as possible and in any case within an outer limit of four months from the date of their filing. No order as to costs.

Sd/-

JUDGE Cm/-

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