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2025 DAILYLAW 40705 (KAR)

SMT. KENCHAMMA v. THE KARNATAKA STATE COMMISSION

WP/31206/2018 · 2025-11-25

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48682 WP No. 31206 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.31206 OF 2018 (GM-RES) BETWEEN: 1. SMT. KENCHAMMA W/O LATE DANDEPPA AGED ABOUT 60 YEARS. 2. SRI. DEVARAJ S/O LATE DANDEPPA, AGED ABOUT 40 YEARS. 3. SMT. MANJULA D/O LATE DANDEPPA, AGED ABOUT 30 YEARS. 4. SRI. CHITRA LINGAPPA S/O HONNAPPA, AGED ABOUT 60 YEARS. 5. SRI. NIJALINGAPPA S/O KAMAJJA AGED ABOUT 40 YEARS. 6. SRI. DASAPPA S/O KARIYAPPA, AGED ABOUT 70 YEARS. 7. SRI. RAMANNA S/O JAYANNA, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48682 WP No. 31206 of 2018 AGED ABOUT 40 YEARS. 8. SRI. DODDARAMANNA S/O RAMANNA AGED ABOUT 75 YEARS ALL THE PETITIONERS ARE R/AT KATANAYAKANAHALLI VILLAGE, JAVANAGONDANAHALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT - 577598. …PETITIONERS (BY SMT. SUMANA HEGDE, ADVOCATE FOR P1 TO P3; SRI. R CHANDRANNA, ADVOCATE FOR P4 TO P8) AND: 1. THE KARNATAKA STATE COMMISSION FOR THE SCHEDULED CASTE AND THE SCHEDULED TRIBES, BY ITS CHAIRMAN, NRUPATHUNGA ROAD, BENGALURU-560 001. 2. SRI. DURUGAPPA S/O ERAPPA, AGED : MAJOR. 3. SRI. SANNEERAPPA S/O ERAPPA, AGED : MAJOR. 4. SR. KARIYAPPA S/O DODDEERAPPA AGED : MAJOR. - 3 - HC-KAR NC: 2025:KHC:48682 WP No. 31206 of 2018 5. SRI. DASANNA S/O THIMMANNA AGED : MAJOR. 6. SRI. ADIRAPPA, S/O ERAPPA AGED : MAJOR. 7. SRI. KARIYAPPA S/O ERAPPA, AGED : MAJOR. 8. SRI. VENKATAPPA FATHER'S NAME NOT KNOWN AGED : MAJOR. 9. SRI. THIMMANNA S/O THIMMANNA AGED : MAJOR. 10. SRI. HANUMANTHAPPA S/O THIMMANNA AGED : MAJOR. 11. SRI. HANUMANTHAPPA S/O NINGAPPA, AGED : MAJOR. 12. SRI. THIMMANNA S/O NINGAPPA, AGED : MAJOR. 13. SRI. CHOWDAPPA S/O ERAPPA AGED : MAJOR. - 4 - HC-KAR NC: 2025:KHC:48682 WP No. 31206 of 2018 RESPONDENTS NO.2 TO 13 ARE REPRESENTED BY SRI S SHIVANNA, S/O DURUGAPPA, AGED : MAJOR. NO.80, LAKSHMINAGARA, VITTASANDRA ROAD, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 068. 14. THE THASILDAR HIRIYUR TALUK, HIRIYUR TOWN, CHITRADURGA DISTRICT 577598. 15. THE ASSISTANT COMMISSIONER CHITRADURGA SUB-DIVISION, CHITRADURGA - 577538. 16. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA - 577 538. 17. SRI. MAHALINGAPPA, S/O KUNTA KAMANNA, AGED ABOUT 45 YEARS. 18. SRI. PATAIAH S/O LATE DANDEPPA AGED ABOUT 55 YEARS. 19. SRI. NIJALINGA FATHER'S NAME NOT KNOWN AGED ABOUT 35 YEARS. - 5 - HC-KAR NC: 2025:KHC:48682 WP No. 31206 of 2018 20. SRI. NIJALINGAPPA S/O RAMAJJA AGED ABOUT 45 YEARS. 21. SRI. KARIYANNA S/O NINGAPPA, AGED ABOUT 60 YEARS RESPONDENTS NO.17 TO 21 ARE R/AT KATANAYAKANAHALLI VILLAGE, JAVANAGONDANAHALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT - 577598. …RESPONDENTS (BY SRI. A.C. MANJUNATH, ADVOCATE FOR R1; SRI. M.R. RAVINDRA, ADVOCATE FOR R2 TO R13; SRI. MAHANTESH SHETTAR, AGA FOR R14 TO R16; R17 TO R21 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.03.2018 MADE IN CASE NO.852/2016 (ATROCITIES) BY THE FIRST RESPONDENT (ANNEXURE-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 6 - HC-KAR NC: 2025:KHC:48682 WP No. 31206 of 2018 ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioners are assailing the order dated 09.03.2018 in Case No. 852 of 2016 (Annexure–A), passed by respondent No. 1 – the Commission. 3. Having considered the submissions made by the learned counsel for the parties and the directions issued by respondent No.1 in Annexure–A, I am of the opinion that respondent No.1-the Commission had no jurisdiction to interfere with the civil rights of the parties under Section 10 of the Karnataka State Commission for the Scheduled Castes and the Scheduled Tribes Act, 2002. This position has already been settled by this Court in W.P. No. 46279 of 2013 dated 09.10.2020 and W.P. No. 63405 of 2016 dated - 7 - HC-KAR NC: 2025:KHC:48682 WP No. 31206 of 2018 23.11.2020. Therefore, I am of the view that respondent No. 1-the Commission had no authority to pass the impugned order at Annexure–A. 4. In the result, the writ petition is allowed. The order dated 09.03.2018 (Annexure–A) passed by respondent No. 1-the Commission, is hereby quashed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 16