Smt Prabhavathi V vs The State Of Karnataka on 8 February, 2022

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Karnataka High Court

Smt Prabhavathi V vs The State Of Karnataka on 8 February, 2022

Bench: Krishna S.Dixit

                             1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 8TH DAY OF FEBRUARY, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

          WRIT PETITION NO.16456 OF 2021 (GM-CC)

BETWEEN:
SMT PRABHAVATHI V,
W/O VENUGOPALA M,
AGED ABOUT 33 YEARS,
R/AT NO.8, AKLENAHALLI
MALLENAHALLI VILLAE,
DODDA JALA, BENGALURU NORTH,
BANGALORE - 562 157.
                                             ...PETITIONER
(BY SRI. MANJUNATH K.V., ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REP BY ITS CHIEF SECRETARY,
       VIDHANA SOUDHA, AMBEDKAR VEEDHI,
       BENGALURU - 560 001.

2.     DISTRICT CASTE VERIFICATION COMMITTEE
       BANGALORE RURAL DISTRICT,
       BANGALORE - 562 110.

3.     SRI. M.N.RAJANNA,
       S/O LATE NARAYANAPPA,
       AGED ABOUT 42 YEARS,
       TALUK PRACHARA SAMITHI PRESIDENT,
       KARNATAKA MADIGA DANDORA (R)
       DEVANAHALLI BRANCH,
       BEYCHAPURA VILLAGE, ANNESHWARA POST,
       DEVANAHALLI TALUK,
       BANGALORE RURAL DISTRICT - 562 110.

                                          ...RESPONDENTS
(BY SRI. B.V.KRISHNA, AGA FOR R1;
    SRI. C.JAGADEESH, SPL COUNSEL FOR R2;
    SMT. KAVYASHREE G.S., ADVOCATE FOR R3)
                                  2

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD.19.8.2021 PASSED BY THE R-2 ANNEXURE-K.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                               ORDER

The subject matter of this writ petition arises out of an order made under Section 4(B) of the Karnataka Scheduled Castes Scheduled Tribes and other Backward Classes (Reservation of Appointment etc.,) Act, 1990 Learned counsel for the petitioner points out that there is an alternate and equal efficacious remedy as provided under Section 4(D) of the Act. In similar matters, this Court has relegated litigants of the kind to the Appellate remedy and there is no reason to entertain this writ petition by taking out a different route.

In the above circumstances, writ petition is disposed off permitting the petitioner to file appeal against the impugned order within a period of four weeks during which no precipitatory action would be taken against him.

All contentions are kept open.

Cost made easy.

Sd/-

JUDGE DS

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