- 1 - NC: 2025:KHC:15020 WP No. 14410 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14410 OF 2017 (GM-RES) BETWEEN: 1. SHRI PK SATHYAPAL @ SATHYAVIRATHAN AGED ABOUT 67 EARS S/O LATE KOCHUKRISHNAN R/AT 537, “ANUGRAHA” 6TH MAIN, 4TH CROSS HAL II STAGE BANGALORE-560 038 2. SHRI GOWTHAM AGED ABOUT 34 YEARS S/O SRI D A GOPALA R/AT GANGOTHRI NO.43, DEVASANDRA KRISHNARAJAPURA POST BANGALORE-560 036 3. SRI P S SATISH S/O SRI P K SATHYAPAL @ SATHYAVIRATHAN AGED ABOUT 39 YEARS R/AT NO.537, ANUGRAHA 4TH CROSS, 6TH MAIN HAL II STAGE INDIRANAGAR BANGALORE-560 038 …PETITIONERS (BY SRI. RAVEENDRAN P., ADVOCATE) AND: 1. THE PRESIDENT THE KARNATAKA STATE COMMISSION FOR SCHEDULED CASTE AND SCHEDULED TRIBES Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15020 WP No. 14410 of 2017 NO.14/3, 2ND FLOOR, CFC BUILDING NRUPATHUNGA ROAD BANGALROE-560 001 2. THE KARNATAKA STATE COMMISSION FOR SCHEDULED CASTE AND SCHEDULED TRIBES NO.14/3 2ND FLOOR, CFC BUILDING NRUPATHUNGA ROAD BANGALOER-560 001 REP.BY ITS SECRETARY 3. SRI MOHAN RAJ AGED ABOUT 44 YEARS S/O LATE THIMMARAYAPPA R/AT SADARAMANGALA VILLAGE KADUGODI POST BANGALORE-560 067 …RESPONDENTS (BY SRI. A.C. MANJUNATH., ADVOCATE FOR R1 & R2; SRI. THANGARAJAN.J., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS IN CASE NO.930/2016 AS PER ANNEXURE-A IN THE FILE OF THE KARNATAKA STATE COMMISSION FOR SCHEDULE CASTE AND SCHEDULED TRIBES, R-2 HEREIN BY ALLOWING THIS W.P. IN THE INTEREST OF JUSTICE AND EQUITY THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: - 3 - NC: 2025:KHC:15020 WP No. 14410 of 2017 “Quash the proceedings in Case No. 930/206 as per Annexure-A in the file of the Karnataka State Commission for Schedule Caste and Scheduled Tribes, Respondent No.2 herein by allowing the writ petition in the interest of justice and equity.” 2. The grievance of the petitioner is that the respondent commission has been issued a show cause notice on the basis of the complaint filed by respondent No.3. The petitioner replied to the said show cause notice raising preliminary objections as regards the jurisdiction without consideration of the same, a case has been registered by the commission to proceed with. 3. There is absolutely no application of mind made by the commission as regards the preliminary objections raised by the petitioner insofar as the contentions raised that the dispute is civil in nature. 4. The preliminary objections were not considered by the commission. His submission is also that many of the suits which had been filed have been subsequently disposed. - 4 - NC: 2025:KHC:15020 WP No. 14410 of 2017 5. If there being subsequently disposed, it is for the petitioner to place the said orders for consideration before the commission. In fact those orders have not been placed on records in the present proceedings also. 6. The commission would have to go through the preliminary objections which have been submitted and pass necessary orders as regards whether the matter would require to be taken up by the commission in terms of the applicable law or not and only thereafter, if commission were to come to a conclusion that violations of the act have been made out, the commission can take up the matter. 7. In that view of the matter, I pass the following; ORDER i. The writ petition is partly allowed. ii. The matter is remitted to respondent No.2- commission to pass necessary orders in accordance with law as regards the preliminary objections raised by the petitioner. - 5 - NC: 2025:KHC:15020 WP No. 14410 of 2017 iii. In the event of the commission coming to a conclusion that no violation is made out dismiss the complaint and in the event of commission coming to a conclusion that violations are made out to proceed thereon. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 34