Karnataka High Court
Somasekhrayya S/O Nijagunayya ... vs Deputy Commissioner & Ors on 27 January, 2020
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY 2020
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.203636/2020 (GM-CC)
Between:
SOMASEKHRAYYA S/O NIJAGUNAYYA HIREMATH
AGE ABOUT: 45 YEARS, OCC: PRIVATE SERVICE,
R/O: VIRAPAPUR VILLAGE,
TQ: SINDHANOOR-584128,
DISTRICT RAICHUR.
... PETITIONER
(BY SRI PRAVEEN KUMAR RAIKOTE ADVOCATE)
AND
1. DEPUTY COMMISSIONER
RAICHUR DISTRICT,
DEPUTY COMMISSIONER OFFICE,
RAICHUR.
2. THE ASSISTANT COMMISSIONER
LINGASUGUR SUBDIVISION,
LINGASUGUR.
3. THE TAHSILDAR
SINDHNOOR TALUK,
TALUK OFFICE, SINDHNOOR.
... RESPONDENTS
(BY SRI K.M.GHATE, AGA)
2
THIS WRIT PETITION FILED UNDER ARTICLES 226
and 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
CALL FOR THE RECORDS AND ALLOW THIS WRIT
PETITION BY ISSUING: a) WRIT OF MANDAMUS
DIRECTING THE RESPNDENT NO.1 TO CONSIDER
ANNEXURE-C DATED 02.01.2019 AS EARLY AS POSSIBLE,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 3.
2. The petitioner has sought for writ of mandamus to direct the respondent no.1 to consider the appeal as per Annexure-C dated 02.01.2019 and to pass appropriate orders.
3. The grievance of the petitioner is that he belongs to Beda Jangam caste and therefore he applied for issuance of caste certificate. The case of the petitioner is that infact the authorities have issued III-B Caste Certificate as Veerashiava Lingayat. However, it is the specific case of the petitioner that he belongs to 3 Beda Jangam caste and the earlier caste certificate issued by authority requires to be cancelled. In this background he approached third respondent. The third respondent vide endorsement dated 03.11.2018 vide Annexure-A rejected the application by holding that he has no jurisdiction for cancellation of caste certificate.
4. Being aggrieved by the said endorsement, the present petitioner preferred an appeal before the second respondent/Assistant Commissioner. The second respondent/Assistant Commissioner has also rejected the appeal filed by the present petitioner by holding that it is only Deputy Commissioner who has got power to cancel the caste certificate and with these observations appeal is dismissed. The petitioner being aggrieved by the orders of the Assistant Commissioner and the Tahasildar has preferred an appeal before the first respondent/Deputy Commissioner on 02.01.2019. 4
5. The grievance of the petitioner is that first respondent has not passed appropriate orders on the application dated 02.01.2019 as per Annexure-C. His grievance is that the said application is pending for last one year and hence he requests this Court to direct the first respondent/Deputy Commissioner to pass appropriate orders.
6. Heard the learned counsel for the petitioner and the learned Additional Government Advocate.
7. The petitioner is claiming that he belongs to Beda Jangam caste and accordingly he is seeking for cancellation of earlier caste certificate issued by the authority wherein the authority had issued III-B Caste Certificate as Veerashiava Lingayat. The case of the petitioner is that he belongs to Beda Jangam Caste and in that view he is entitled for caste certificate pertaining to Beda Jangam Caste. With this grievance, appeal is filed before the first respondent/Deputy Commissioner. 5 The Deputy Commissioner is required to pass appropriate orders by considering the contention raised by the petitioner. The first respondent/Deputy Commissioner shall examine all the contentions raised by the petitioner herein as per Annexure-C and pass appropriate orders in terms of the provisions of the Karnataka SC/ST and Other Backward Classes (Reservation of Seats in Educational Institutions and of appointment or posts in the services under the State) Act, 1994 within three months from the date of receipt of certified copy of this order, in accordance with law.
SD/-
JUDGE sn