- 1 - WP NO.109410/2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 04TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.109410 OF 2014 BETWEEN: ANANT GOVIND BANDEKAR S/O. GOVIND BANDEKAR, AGE: 67 YEARS, OCC: PENSIONER, R/O. MURALIDHAR MUTT ROAD, KARWAR, DIST: UTTAR KANNADA. ...PETITIONER (BY SRI.V.P.KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF REVENUE, VIKAS SOUDHA, BANGALORE-560001. 2. THE TAHASILDAR KARWAR TALUK, KARWAR, DIST: UTTARA KANNADA. 3. THE ASSISTANT COMMISSIONER KARWAR DIVISION, KARWAR, DIST: UTTARA KANNADA. …RESPONDENTS (BY SRI. C.JAGADISH, SPL. COUNSEL FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASH THE IMPUGNED NOTIFICATION ISSUED BY THE ASSISTANT COMMISSIONER, KARWAR DIVISION, KARWAR DATED 01.02.2013 VIDE ANNEXURE-Q AND THE ORDER OF THE TAHASILDAR, KARWAR IN NO.SWL/SR/12-2012-13 DATED 13.09.2012 VIDE ANNEXURE-N, IN THE INTEREST OF JUSTICE AND EQUITY. - 2 - WP NO.109410/2014 THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 27.03.2025, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CAV ORDER This petition is filled assailing the order of the Assistant Commissioner of Karwar evidenced at Annexure-Q and Tahsildar of Karwar evidenced at Annexure-N. 2. The Petitioner contends that after the Circular issued by the Department of Social Welfare was set aside pursuant to direction issued by this court, petitioner applied for a Schedule Caste certificate and the Tahsildar issued the same which is annexed at Annexure-H to the writ petition. Department of Social Welfare issued another circular instructing to withdraw all the Schedule caste certificates issued to the Bandi Community. Petitioner filed a fresh application and on non-consideration of the same filed W.P.No.2674/2006 before this Court seeking a direction to the Tahsildar to consider his application. This court allowed the writ petition vide order dated - 3 - WP NO.109410/2014 09.03.2006 and directed the Tahsildar to consider the petitioner’s application in accordance with law. 3. The Tahsildar rejected the application vide order dated 05.01.2007. The petitioner filed W.P.No.3271/2007 questioning the rejection by the Tahsildar. This Court allowed the writ petitioner vide order dated 08.12.2011 remitted the matter back to the Tahsildar for fresh consideration. After the remand order passed by this Court, the Tahsildar upon re-examination passed an order dated 13.09.2012 stating that petitioner belongs to the Hindu Bandi community which falls under backward classes 2A and not Schedule Caste. 4. Petitioner filed an appeal before the Assistant Commissioner challenging the Tahsildar’s order. The Assistant Commissioner vide order dated 01.02.2013 dismissed the appeal filed by petitioner. 5. Heard the learned counsel appearing for petitioner and learned Additional Government Advocate appearing for the respondents-State. - 4 - WP NO.109410/2014 6. The petitioner was issued with caste certificate that he belongs to schedule caste, which is dated 14.09.1977 evidenced at Annexure-H. This Court having examined the Bombay Gazette evidenced at Annexure-C has noticed that according the said Gazettee, there were around 4500 of whom 2000 are males and 2500 females, are found in small numbers in Karwar and Kumta and along the coast as far as Honnavar. This Court deems it fit to cull out the relevant portion of said Gazettee, which reads as under; “Bandis or BONDSMEN, numbering about 4500 of whom 2000 are males and 2500 females, are found in small numbers in Karwar and Kumta and along the coast as far as Honavar. They are the descendants of the bondsmen whom the landed proprietors formerly owned. Their ancestors were probably prisoners of war, imported slaves and perhaps women taken in adultery. They are said to have come with the Konkani-speaking Brahmans from Goa after the Poruguese occupation of the country. The names in common use amount men are, Pursu, Kamu, Nagu, Chiku, Narayan, and Kushta; and among women, Shevantu, Putli, Krishni, Kasi, Venu, and Thakai. They have no surnames or household gods but members of the same family do not intermarry. The Bandis of different parts of the coast do not intermarry or eat together. They are short and muscular, some of them fair and some of them dark, and most with well-cut features. All speak Konkani. They live in huts with mud walls and thatched roofs. Their every-day food is rice, but they eat fowls, mutton, and game, and - 5 - WP NO.109410/2014 drink liquor. They are immoderate eaters and bad cooks. The men generally wear a loincloth, a coarse blanket, and a headscarf; and the women the robe with the skirt passed between the feet and a bodice with short sleeves and a back. They mark their brow with red and wear the lucky necklace, nose and ear rings, and glass bangles. They are hardworking, but careless, vicious, thriftless, hot-tempered, and dishonest. Both men and women are employed as domestic servants by Brahmans and other high class Hindus. Their chief work is to clean copper pots and pound rice, cowdung the floor, and bring headloads of fire-wood, but some men work as carpenters and a few as husbandmen, Their earnings as prostitutes which are insignificant are spent in buying flowers, clothes, and sweetmeats. They are almost destitute. They rank with the Adbatkis next abova the impure classes. Their daily life does not differ from that of the Adbatkis. A family of five spends about 14s. (Rs.7) a month. They worship all Brahman gods and evil spirits, employ Jolshis to perform their ceremonies, and stand in great fear of the spirits of the dead. Their spiritual Teacher is the head of the Smart monastery at Shringeri. Few of them marry, most of the girls becoming prostitutes. The married women are allowed to consort with whom they please, except with men of the impure castes. Their ceremonies are the same as those of the Devlis. Social disputes are settled by caste councils under the presidency of an hereditary headman. They do not send their boys to school, and show no signs of improving their position.” 7. Considering the social economic condition of Baandhi’s, the Union of India included Bandi caste in schedule caste by presidential notification dated 03.09.1977. On examining the Gazette evidenced at Annexure-C, which is culled out supra, existence of Bandis - 6 - WP NO.109410/2014 or BONDSMEN numbering about 4500. This Gazette notification of the year 1883 and this community are found in small numbers in Karwar and Kumta and along the coast as far as Honnavar. The Gazettee also indicates that they are the descendants of the bondsmen whom the landed proprietors formerly owned. Their ancestors were probably prisoners of war, imported slaves and perhaps women taken in adultery. This Gazette notification at an undisputed point of time does not refer to the existence of Baandhi’s community. 8. The records also revealed that the Director of Social Welfare Department had issued a circular dated 21.09.1978 indicating that the persons belongs to Baandhi community had obtained a schedule caste certificate. The same is extracted as under: “Bandi" Community has been included in the list of Sch. Castes as per Sch.Caste/Sch.Tribes Order (Amendment) Act 1976 (108 of 1976) in the Karnataka State. 2. It has been brought to the notice of the undersigned that come persons who actually belongs to "Bandhi (§Ar) Community have obtained caste certificates as “Bandi” (§Ar) Community by producing the affidavit. - 7 - WP NO.109410/2014 3. Consequently those who actually belong to "Bandi" Community will be deprived of benefit provided to them which are classified as Sch. Castes. 4. Usually the words (§Ar) and (¨ÁA¢) according to English usage donote “Bandi” and “Bandhi” respectively. 5. In view of above situation, the authorities competent to issue Caste certificate too are requested not to issue Caste certificate to these actually belonging to "Bandhi" (¨ÁA¢) Community which is not classified as Sch.Castes/Sch.Tribes. 9. The circular dated 21.09.1978 was however withdrawn pursuant to the directions issued by this Court in WP No.5406/1980. This Court deems it fit to cull out the relevant portion of order by this Court in WP No.5406/1980 which reads as under:: “A perusal of the above circular makes it clear that the earlier circular and instructions issued on 21-9-1978 which is adverted to in Annexure- A has been withdrawn and there is a further direction to all the authorities competent to issue caste certificates that they should proceed in that behalf on the basis of the Schedule to the notification No.BC 12016/31-76/SCT V dated 27-07-1977. In the light of this circular the Deputy Commissioner will have to withdraw the circular at Annexure-'A' and in the circumstances, he is directed to reconsider the entire thing and pass appropriate orders and if he finds if Necessary. In the event hear the petitioner for that matter. No costs. Writ Petition disposed off. The Deputy Commissioner will decide the matter afresh within 3 months from the date of receipt of this order. Send a - 8 - WP NO.109410/2014 copy of this order to the Commissioner forthwith.” 10. The authorities, in an inexplicable and unjustified manner, have relied upon the circular dated 21.09.1978 , which is a circular issued by the Office of the District Social Welfare Officer, Government of Karnataka. By invoking the contents of this circular, the authorities have drawn a distinction between the "Bandi" community, which is included in the list of Scheduled Castes, and the "Baandhi" community. According to their interpretation, individuals belonging to the Baandhi community are not eligible to be issued with a Scheduled Caste certificate, despite the close phonetic and sociological proximity between the two communities. This interpretation lacks clarity, consistency, and legal justification, especially considering the proof of existence of Baandhi community at Karwar as asserted by Authorities. 11. It is pertinent to point out that the circular dated 21.09.1978, which formed the basis for such discriminatory interpretation, was subsequently withdrawn pursuant to the directions issued by this Hon’ble Court in - 9 - WP NO.109410/2014 W.P. No. 5406/1980. Although the impugned order passed by Respondent No.3 does not explicitly state that the petitioner’s application for a caste certificate has been rejected on the basis of the now withdrawn circular dated 21.09.1978, the reasoning in the order unmistakably reflects the continued reliance on the withdrawn circular. The respondent has concluded that the petitioner belongs to the 2A – Baandhi community, and not the Bandi community, which is a notified Scheduled Caste under the Constitution (Scheduled Castes) Order. 12. On examination of the records more particularly the order which is impugned before this Court, there is no proper enquiry conducted by respondent No.3 whether there exists two distinct communities named as Bandi community and Baandhi community, no records and Gazette notifications are cited by respondent No.3 while passing the order, which is impugned before this Court. Respondent No.3 also does not refer to the very existence of Baandhi caste under OBC category, which is also not reflected in the impugned order. The action which - 10 - WP NO.109410/2014 contemplated against the petitioner and similarly placed persons from Baandhi caste is probably on the basis of circular dated 21.09.1978 and it is now withdrawn pursuant to the directions issued by this Court in WP No.5406/1980. 13. This Court deems it fit to cull out the relevant portion of the order passed by respondent No.3, which is administered that there is absolutely no enquiry and no material is placed to discard the petitioner’s caste, which reads as under: “4. ¨sÁgÀvÀ ¸ÀgÀPÁgÀzÀ UÀȺÀ E¯ÁSÉAiÀÄ C¢ü¸ÀÆZÀ£É ¸ÀASÉå: ©¹.12016-34/76/SC-TV- ¢£ÁAPÀ: 02-07-1977 ¥Àj²µÀÖ eÁw ¥ÀæPÀn¹zÀ ¥ÀnÖAiÀÄ°è PÀæªÀĸÀASÉå: 16 gÀ°è §Ar eÁw JAzÀÄ £ÀªÀÄÆ¢¹zÀÄÝ EgÀÄvÀÛzÉ. ªÁ¸ÀÛªÀªÁV, ¸ÀzÀgÀ C¢ü¸ÀÆZÀ£É ¢£ÁAPÀ: 27- 07-1977 EzÀÄÝ, DzÀgÉ JzÀÄgÀÄzÁgÀgÀÄ ¨sÀæªÉĬÄAzÀ ¢£ÁAPÀ: 02- 07-1977 JAzÀÄ £ÀªÀÄÆ¢¹gÀÄvÁÛgÉ. ¸ÀzÀgÀ C¢ü¸ÀÆZÀ£ÉAiÀÄ PÀæªÀĸÀASÉå: 16 gÀ°è " Bandi " eÁw JAzÀÄ £ÀªÀÄÆ¢¸À¯ÁVzÉ. JzÀÄgÀÄzÁgÀgÀÄ w½¹gÀĪÀ ¥ÀæPÁgÀ "§Ar" JAzÀÄ £ÀªÀÄÆ¢¹gÀĪÀÅ¢®è. JzÀÄgÀÄzÁgÀgÀÄ AiÀiÁªÀÅzÉà zÁR¯ÉUÀ¼À ¥ÀÅgÁªÉ E®èzÉà C.£ÀA. 16 gÀ°è " §Ar " eÁw JAzÀÄ EZÁÒ£ÀĸÁgÀªÁV £ÀªÀÄÆ¢¹gÀÄvÁÛgÉ. PÀ£ÁðlPÀ ¸ÀgÀPÁgÀzÀ ¥Àj²µÀÖ eÁw ¥Àj²µÀÖ ¥ÀAUÀqÀUÀ¼À DAiÉÆÃUÀ ¨ÉAUÀ¼ÀÆgÀÄ ¸ÀgÀPÁj DzÉñÀzÀ£ÀéAiÀÄ DzÉñÀ ¸ÀA. SWL-285-SAD-78 ¢£ÁAPÀ: 27-3-1980 gÀAvÉ PÀ£ÀßqÀ ¨sÁµÉAiÀÄ°è ¥Àj²µÀÖ eÁw ¥Àj²µÀÖ ¥ÀAUÀqÀ eÁw ¥ÀnÖAiÀÄ£ÀÄß PÀ£ÀßqÀ ¨sÁµÉAiÀÄ°è ¥ÀæPÀn¹zÀÝ°è C.£ÀA. 16 gÀ°è "¨ÁA¢" eÁw JAzÀÄ £ÀªÀÄÆ¢¸À¯ÁVzÉ JAzÀÄ ªÉÄîä£À«zÁgÀgÀÄ £ÁåAiÀiÁ®AiÀÄzÀ°è ªÀÄAr¹gÀĪÀ J¯Áè ªÁzÀªÀ£ÀÄß D°¸À¯Á¬ÄvÀÄ. 5. vÀºÀ²Ã¯ÁÝgÀ PÁgÀªÁgÀ gÀªÀgÀÄ «ZÁgÀuɬÄAzÀ ¸ÀܽPÀ ZËPÀ²¬ÄAzÀ ºÁUÀÆ zÁR¯ÉUÀ¼À ¥Àj²Ã®£É¬ÄAzÀ DzÉñÀ ªÀiÁrgÀĪÀ - 11 - WP NO.109410/2014 §UÉÎ F £ÁåAiÀiÁ®AiÀÄ ¥Àj²Ã®£É ªÀiÁqÀ¯ÁV, ¨sÁgÀvÀ ¸ÀgÀPÁgÀzÀ UÀȺÀ E¯ÁSÉAiÀÄ C¢ü¸ÀÆavÀ ¸ÀASÉå:©¹.12016-34/76/SC-TV ¢£ÁAPÀ: 02-07-1977 gÀ°è ¥Àj²µÀÖ eÁwAiÀÄ ¥ÀnÖAiÀÄ°è PÀæªÀĸÀASÉå: 16 gÀ°è £ÀªÀÄÆ¢¹gÀĪÀ eÁw " §Ar " JAzÀÄ £ÀªÀÄÆ¢¹zÀÄÝ EgÀÄvÀÛzÉ. F §UÉÎ PÀ£ÁðlPÀ ¸ÀgÀPÁgÀzÀ DzÉñÀ £ÀA. DSW/EMPI/PR/ZP/78-79 ¢£ÁAPÀ: 21-9-1978 £ÉÃzÀgÀ°è ºÁUÀÆ ¸ÀgÀPÁgÀzÀ PÁAiÀÄðzÀ²ð ¸ÀªÀiÁd PÀ¯Áåt E¯ÁSÉ ¨ÉAUÀ¼ÀÆgÀÄ gÀªÀgÀÄ vÀªÀÄä C.¸À.¥À.¸ÀASÉå: ¸ÀPÀE/84/J¸ïJr/97 ¢£ÁAPÀ:07-12-2000 £ÉÃzÀgÀ°è ¨ÁA¢ ªÀÄvÀÄÛ §Ar eÁåwAiÀÄ §UÉÎ ¸Àé¶×ÃPÀgÀt ¤ÃrzÀÄÝ EgÀÄvÀÛzÉ. ¸ÀgÀPÁj ¸ÀÄvÉÆÛÃ¯É ¸ÀA.rJ¸ïqÀ§Æèå/EJA¦1/¦Dgï/26/1978-79 ¢£ÁAPÀ: 21- 09-1978 £ÉÃzÀgÀ°è ¨ÁA¢ eÁwAiÀÄÄ ¥Àj²µÀÖ eÁwAiÀÄ°è §gÀĪÀÅ¢®è JAzÀÄ ¸Àà¶×ÃPÀgÀt ¤ÃrzÀÝgÀ PÁgÀt CA¢¤AzÀ EA¢£ÀªÀgÉUÀÆ PÁgÀªÁgÀ vÁ®ÆèQ£À°è ¨ÁA¢ ¸ÀªÀiÁdzÀªÀjUÉ »AzÀĽzÀ ªÀUÀð 2-J £ÉÃzÀgÀ°è ¥ÀæªÀiÁt ¥ÀvÀæ PÉÆqÀÄvÁÛ §A¢gÀĪÀÅzÁV PÁAiÀiÁð®AiÀÄzÀ°è ¤ªÀð»¹zÀ ªÀ»¬ÄAzÀ w½zÀÄ §A¢gÀÄvÀÛzÉ. ²æà C£ÀAvÀ UÉÆëAzÀ ¨ÁAzÉÃPÀgÀ EªÀgÀÄ ªÀÄÆ®vÀºÀ PÁgÀªÁgÀ vÁ®ÆQ£À ¨ÁqÀ-3 UÁæªÀÄzÀªÀjzÀÄÝ »AzÀÄ ¨ÁA¢ eÁwUÉ ¸ÉÃjzÀªÀjzÀÄÝ, CªÀgÀÄ §Ar eÁwAiÀĪÀgÀÄ EgÀĪÀÅ¢®è JA§ÄzÀÄ F »AzÉ ºÁdgÀ ¥Àr¹zÀ zÁR¯ÁwUÀ¼À ªÉÄðAzÀ zÀÈqsÀ¥ÀnÖgÀÄvÀÛzÉ. DzÀÝjAzÀ ¨ÁA¢ eÁwAiÀÄ£ÀÄß ¥Àj²µÀÖ eÁw JAzÀÄ ¥ÀjUÀt¸À®Ä §gÀ¯ÁgÀzÀÄ JAzÀÄ «ªÀj¹gÀÄvÁÛgÉ. F ªÉÄÃ¯É «ªÀj¹gÀĪÀ ªÉÄîä£À«zÁgÀgÀÄ ªÀÄAr¹gÀĪÀ ªÁzÀ ºÁUÀÆ JzÀÄgÀÄzÁgÀgÀÄ WÉÆö¸À¯ÁVgÀĪÀ DzÉñÀªÀ£ÀÄß F £ÁåAiÀiÁ®AiÀÄzÀ°è ¥ÀjUÀt¹zÉ. ºÁUÀÆ F PɼÀUÉ w½¹gÀĪÀAvÉ DzÉò¹zÉ. : DzÉñÀ : " ªÉÄîä£À«AiÀÄ£ÀÄß vÀ½î ºÁQzÉ " ²æà C£ÀAvÀ UÉÆëAzÀ ¨ÁAzÉÃPÀgÀ ¨ÁqÀ-III vÁ®ÆPÀÄ PÁgÀªÁgÀ EªÀgÀÄ »AzÀĽzÀ ªÀUÀðPÉÌ »AzÀÄ ¨ÁA¢ eÁwAiÀĪÀjzÀÄÝ, »AzÀÄ ¨ÁA¢ eÁw ¥Àj²µÀÖ eÁwAiÀÄ°è §gÀĪÀÅ¢®èªÉAzÀÄ DzÉò¹gÀĪÀÅzÀ£ÀÄß JwÛ »r¢zÉ.” 14. The authorities strangely referring to Annexure-J, which is the circular issued by the office of the District of Social Welfare in Karnataka. The circular dated 21.09.1978 issued by the office of the District of Social - 12 - WP NO.109410/2014 Welfare in Karnataka that the Bandi community which is included in the list of schedule caste while the persons belonging to Baandhi, cannot be issued with schedule caste certificate. 15. On going through the order impugned which is passed by respondent No.3/Committee, this Court is of the view that existence of Baandhi community is not substantiated by the authorities. To verify if a person belongs to schedule caste, the jurisdictional Tahasildar must ensure that the person and their parents are belongs to Schedule Caste as specified the Bombay Gazette evidenced at Annexure-D clearly demonstrates the existence of Bandi’s. The petitioner asserts to be resident of Karwar. The petitioner was issued with a schedule caste certificate way back 1977. The impugned order passed by respondent No.3/committee does not refer to earlier order certifying the Bandi as schedule caste for the State of Karnataka. The Assistant Commissioner adverted to the petitioner’s permanent resident namely Karwar where the schedule caste community is listed in the Bombay Gazette - 13 - WP NO.109410/2014 notification referred to extracted supra. The Assistant Commissioner has not adverted and refer to the constitution, SC order 1950, which is notifies Bandi as schedule caste. The order under challenge does not affirmably comes to the conclusion that there are two set of communities found within the Karwar region namely Bandi and Baandhi. There is no material to show that the petitioner belongs to Baandhi community. The very existence of Baandhi community is also found doubtful. It is only circular issued by Department of Social Welfare while withdrawal of earlier circular dated 21.09.1978 that there is a reference to Baandhi community. This issue has been lingering since 2003. The order which is impugned is clearly found to be cryptic and there is no respite for petitioner for almost 24 years. This issue has been dealt by the Coordinate Bench of this Court. The similarly placed persons was found to be residents of Karwar and the retired Assistant Commissioner had filed a writ petition and the issue was as to whether the Bandi community - 14 - WP NO.109410/2014 belonging to the category of schedule caste in the State of Karnataka. 16. The notification which is evidenced at Annexure-D clearly reveals that the Union of India acting under subsection (2) of Section 1 Schedule Caste and Schedule Tribes Order (Amendment) Act, 1976 has already notified Bandi community are schedule caste. This notification does not speak about the Baandhi community being predominantly in the Karwar and Honnavar regions. Therefore, the clarification issued by the Department of Social Welfare at Annexure-H, which is cull out supra clearly runs contrary to the notification issued by Union of India which is precedence over the circular issued by the State of Karnataka. 17. In the light of notification, it is noted by the coordinate Bench of this Court which is culled out supra, the order impugned is not sustainable. For the 25 years, the Caste Verification Committee and jurisdictional Tahasildar are not comply to substantiate that the petitioner belongs to Baandhi community instead of Bandi - 15 - WP NO.109410/2014 community, which is notifies as schedule caste. Therefore, there is no bound in remitting the matter for fresh enquiry, there is no counter to the order passed by the coordinate bench of this Court in WP No.5406/1980 wherein a direction was issued to issue caste certificate post of circular issued by Union of India. For the foregoing reasons, this Court proceed to pass the following: ORDER (i) Writ petition is allowed. (ii) The impugned orders passed by Respondent No.3/Assistant Commissioner in No.MAG/ViVa-45/2012-2013 dated 01.02.2013 vide Annexure-Q and Respondent No.2/Tahildar in No.SWL/SR/12-2012-13 dated 13.09.2012 vide Annexure-N are hereby quashed. (iii) The petitioners are reserved with liberty to approach jurisdictional Tahasildar to issuance of schedule caste certificate in terms of the Gazette notification. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE AM/-. Ct:vh