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2025 DAILYLAW 44038 (KAR)

MALLAPPA S/O SABU YALAWAR v. THE STATE OF KARNATAKA

WP/107245/2024 · 2025-03-10

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4486 WP No. 107245 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 107245 OF 2024 (GM-CC) BETWEEN: MALLAPPA S/O SABU YALAWAR, AGE: 54 YEARS, OCC: SERVICE, R/O: PADMANAYAN NAGAR, SIGEKERI CORSS, BAGALKOT, DIST: BAGALKOT, PIN-587 301. … PETITIONER (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU, PIN-560 001. 2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE AND CIVIL RIGHTS ENFORCEMENT CELL, BENGALURU, PIN-560 001. 3. THE DEPUTY COMMISSIONER AND CHAIRMAN, DISTRICT CASTE VERIFICATION COMMITTEE, BAGALKOT, PIN-587 101. 4. THE DEPUTY DIRECTOR DEPARTMENT OF SOCIAL WELFARE AND MEMBER SECRETARY, DISTRICT CASTE VERIFICATION COMMITTEE, BAGALKOT, PIN-587 101. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4486 WP No. 107245 of 2024 5. THE ASSISTANT COMMISSIONER, BAGALKOT SUB DIVISION, BAGALKOT, DIST: BAGALKOT, PIN-587 301. 6. THE TAHASILDAR, BADAMI, AT: BADAMI, TQ: BADAMI, DIST: BAGALKOT, PIN-587 304 … RESPONDENTS (BY SRI. C. JAGADISH, ADVOCATE FOR R1-R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR HEARING- INTERLOCUTORY APPLICATION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shivaraj P.Mudhol., counsel for the petitioner has appeared in person. Sri.C.Jagadish., counsel for the respondents has appeared through video conferencing. 2. The captioned Writ Petition is filed seeking a Writ in the nature of certiorari to quash the impugned decision taken by the 3rd respondent dated 03.10.2024 vide Annexure-P and impugned communication dated 23.10.2024 in No.sakae/PraSha/CR/2023-24/754 issued by the 4th respondent vide Annexure-Q. - 3 - NC: 2025:KHC-D:4486 WP No. 107245 of 2024 3. The short facts are these: On 20.06.2023, the Tahsildar issued a caste certificate to the petitioner as ST caste based on the spot inspection by following the procedure as per the Central Government and State Government Gazette. On 03.02.2024, the Caste Verification Committee headed by the Deputy Commissioner and other members unanimously resolved that the petitioner belongs to Hindu Talawar and issued the caste validity certificate to the petitioner as ST caste. As the matter stood thus, on 03.10.2024, the 3rd respondent and other committee members after issuance of the caste validity certificate without notice to the petitioner held a meeting and resolved to get the report from the CRE Cell regarding caste of the petitioner. On 23.10.2024, a communication letter was addressed by the 4th respondent to the 2nd respondent to hold an inquiry and submit a report. Under these circumstances, the petitioner is before this Court. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 4 - NC: 2025:KHC-D:4486 WP No. 107245 of 2024 5. The facts are sufficiently stated and they do not require reiteration. The issue revolves around a narrow compass and relates to the issuance of the caste validity certificate. Suffice it to note that the District Caste Verification Committee issued a caste validity certificate to the petitioner. However, on an erroneous approach, the same authority reviewed its own order. This is impermissible in law. When once the caste validity certificate is issued, the authority has no power to review its own order. On this sole ground, the Writ Petition is liable to be allowed. Accordingly, it is allowed. 6. The Writ of Certiorari is ordered. The impugned decision taken by the 3rd respondent dated 03.10.2024 vide Annexure-P and impugned communication dated 23.10.2024 in No.sakae/PraSha/CR/2023-24/754 issued by the 4th respondent vide Annexure-Q are quashed. However, a liberty is reserved for the respondents to take appropriate action in accordance with law, if so advised. All the contentions of the parties are left open. 7. Resultantly, the Writ Petition is allowed. - 5 - NC: 2025:KHC-D:4486 WP No. 107245 of 2024 Because of the disposal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE CLK LIST NO.: 2 SL NO.: 27.2