Bhimappa S/O Thimmaiah vs The Deputy Commissioner & Chairman ... on 6 August, 2013

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Karnataka High Court

Bhimappa S/O Thimmaiah vs The Deputy Commissioner & Chairman ... on 6 August, 2013

Author: Mohan M Shantanagoudar

Bench: Mohan .M. Shantanagoudar

                                 -1-




           IN THE HIGH COURT OF KARNATAKA
             CIRCUIT BENCH AT GULBARGA

                            TH
        DATED THIS THE 6         DAY OF AUGUST, 2013

                          BEFORE

THE HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR

        WRIT PETITION NO.102492/2013 (GM-CC)

BETWEEN :

Bhimappa
S/o.Timmaiah
Aged 51 years, Occ: Employee under
KNJNL at Hattikuni and
Permanent resident of
Peth Ammapur Village
Shorapur Taluk
Yadgir Dist. - 585 201          .. PETITIONER

(By Sri N.S.Deshpande, Adv.,)

AND :

1. The Deputy Commissioner
   And Chairman
   District Caste Verification Committee
   Yadgir
   Yadgir Dist.-585 201

2. The District Social Welfare Officer
   Yadgir
   Yadgir Dist.-585 201
                              -2-


3. The Tahasildar
   Shorapur
   Shorapur Taluk
   Yadgir Dist.-585 201              .. RESPONDENTS

(By Sri Sharanabasappa K.Babashetty, HCGP)



      This writ petition is filed under Articles 226 and 227
of the Constitution of India, praying to issue a writ in the
nature of mandamus directing the respondents to hold an
enquiry in pursuance of the notice dated 16.1.2013
produced at Annexure-F and issue caste certificate in
favour of the children of the petitioner as Hindu Kabbaliga
in place of Hindu Bhovi, etc.


      This writ petition coming on for preliminary hearing
this day, the Court made the following:-


                          ORDER

Learned Government Advocate takes notice for respondents.

Heard.

2. Grievance of the petitioner is that his application/notice at Annexure-F, dated 16.1.2013 is not considered by the respondents in accordance with law. According to the petitioner, he belongs to Hindu -3- Kabbaliga, which comes under Category-I. However, the caste of the petitioner is shown as Hindu Bhovi in educational records.

3. It is for the concerned authorities to enquire and verify as to the petitioner belongs to a particular caste or not. If the petitioner has made an application, it is open for him to produce necessary records before the concerned authorities. The respondents will enquire into the caste of the petitioner as per law and strictly on merits. Enquiry may be made, only if such enquiry is permissible in law by the respondents.

With the aforesaid observations, writ petition is disposed of.

Sd/-

JUDGE *ck/-

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