- 1 - NC: 2025:KHC:551-DB WA No. 1172 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 1172 OF 2024 (LB-ELE) BETWEEN: 1. B. T. RAVIKUMAR AGED 52 YEARS S/O B. THIMMA REDDY RAMALAYA ROAD JAGALUR TOWN DAVANAGERE DISTRICT - 577 528. …APPELLANT (BY SMT. SHRUTHI PRAKASH, ADVOCATE FOR SRI VINAYA KEERTHY M., ADVOCATE) AND: 1. DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE - 577 001. 2. TAHSILDAR JAGALUR TALUK DAVANAGERE DISTRICT. 3. ASST. COMMISSIONER HARAPPANAHALLI SUB-DIVISION HARAPPANAHALLI DAVANAGERE DISTRICT. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:551-DB WA No. 1172 of 2024 4. JAGALUR TOWN MUNICIPALITY JAGALUR - 577 528 DAVANAGERE DISTRICT REPRESENTED BY ITS CHIEF OFFICER. 5. RUDRAMUNI AGED ABOUT 56 YEARS S/O B. BHEEMAPPA NO.103, VIDYANAGARA EXTN. JAGALUR TOWN DAVANAGERE DISTRICT. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R1 TO R3 & SRI SATHYA D., ADVOCATE FOR SRI K.V. NARASIMHAN, ADVOCATE FOR C/R-5) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 03/07/2024 PASSED BY THE LEARNED SINGLE JUDGE THIS HON'BLE COURT IN WP NO.803/2019 (LB) AND DISMISS WP NO.803/2019 (LB) AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:551-DB WA No. 1172 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned Smt. Shruthi Prakash for learned advocate Mr. M. Vinaya Keerty for the appellant, learned Government Advocate Mr. K.S. Harish for respondent Nos.1 to 3 and learned advocate Mr. D. Sathya for learned advocate Mr. K.V. Narasimhan for respondent No.5. 2. This appeal came to be preferred against common judgment and order dated 03.07.2024, in so far as it concerns the decision in Writ Petition No.668 of 2019. The appellant herein was the original petitioner who had challenged before learned Single Judge order dated 15.12.2018 passed by respondent No.1-Assistant Commissioner, whereby the caste certificate of the petitioner came to be cancelled. - 4 - NC: 2025:KHC:551-DB WA No. 1172 of 2024 3. The grounds for cancellation were highlighted by learned Single Judge in paragraph 17 of the order to be as under, "In the instance , the cancellation of the caste certificate was based on the petitioner’s ownership of more than 8 hectares of dry agricultural land, effectively disqualifying the petitioner from claiming eligibility under the Backward Class-B category. This disqualification is fundamental, as it strikes at the very basis of the petitioner’s right to contest the election under the reserved category. Given this context, relegating respondent No.3 to the process of raising an election dispute would be an exercise in futility. The core issue that the petitioner was ineligible to contest from the Backward Class-B category due to his land holdings has already been resolved through the cancellation of the caste certificate." 3.1 Consequentially, the writ petition of the petitioner was dismissed. The other petition of the candidate was allowed and writ of quo warranto was issued removing the appellant herein from the post of Councillor for Ward No.9. Jagalur Town Municipality. 4. Today when the appeal came up for consideration, learned advocate for respondent No.5 filed a memo to place on record the subsequent developments. The memo indicates that subsequent to the order passed by learned Single Judge removing the appellant from the office of Town Municipality, the seat of Councillor fell vacate and by-election was held on 23.11.2024. The results are also declared and one Mr. Adarsh has been declared elected to the - 5 - NC: 2025:KHC:551-DB WA No. 1172 of 2024 said post as Councillor. The said memo dated 08.01.2025 is taken on record. 5. In view of aforementioned developments, the subject matter of the appeal has become infructuous. The appeal is liable to be dismissed on the said count only. 6. If any grievance survives for the appellant in the subject, it will give a new cause of action and the appellant is at liberty to institute independent proceedings as may be permissible in law. 7. The appeal is accordingly dismissed as infructuous. In view of dismissal of the appeal, any interlocutory application that may be pending, would not survive and stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE KPS List No.: 1 Sl No.: 18