- 1 - NC: 2025:KHC-K:938 WP No. 201866 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO.201866 OF 2024 (GM-CC) BETWEEN: SABU @ SAIBANNA S/O SIDDAPPA BHOVI, AGE: 65 YEARS, OCC: AGRICULTURE AND ELECTED, DIRECTOR OF SIDDESHWAR CO-OPERATIVE SOCIETY BANK LTD., VIJAYAPURA, AND RESIDENT OF KHWAJA AMEEN DARGA, VIJAYAPURA-586101. …PETITIONER (BY SRI. RAVINDRA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, SOCIAL WELFARE DEPARTMENT, MS BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER AND PRESIDENT OF THE DISTRICT CASTE VERIFICATION COMMITTEE, VIJAYAPURA-586101. 3. THE TAHSILDAR VIJAYPAURA TALUKA, VIJAYAPURA-586101. 4. THE DIRECTOR GENERAL OF POLICE, OFFICE OF DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, PALACE ROAD, Digitally signed by RENUKA Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:938 WP No. 201866 of 2024 BENGALURU-560003. 5. THE SUPERINTENDENT OF POLICE, OFFICE OF DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, BELAGAVI REGION, BELAGAVI-590001. 6. SRI. RAMU S/O. HULEPPA HOSPETI, AGE: MAJOR, R/O OPP. TO BLDE ENGINEERING COLLEGE, ANANDNAGAR, NEAR NAGALINGESHWAR TEMPLE, VIJAYAPURA-586101. (AMENDED AS PER COURT ORDER DATED 21.11.2024) …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1, R3, R4 AND R5; SRI. C. JAGADISH, ADVOCATE FOR R2; SMT. KAVYASHREE G. S., ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING COMMITTEE DECISION, DATED 21.12.2023 OF THE RESPONDENT NO.2 VIDE ANNEXURE-P IN BEARING NO. f.C/¸ÀPÀE/¹AzsÀÄvÀé/eÁ.¥À/¹Dgï-02/2023-23 AND TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING REPORT IN NO.JAVI/ NAJANI/VJP/2021 DATED 26.11.2021 PREPARED ON THE DIRECTIONS OF RESPONDENT NO.4 AND 5, VIDE ANNEXURE- C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R.NATARAJ - 3 - NC: 2025:KHC-K:938 WP No. 201866 of 2024 ORAL ORDER The petitioner has challenged the order bearing No. f.C/¸ÀPÀE/¹AzsÀÄvÀé/eÁ.¥À/¹Dgï-02/2023-23 dated 21.12.2023 passed by the District Caste Verification Committee. He has also challenged the report of the respondent Nos.4 and 5 dated 26.11.2021. 2. (i) The petitioner contends that on 31.08.1998, he was issued with a caste certificate that he belonged to 'Bhovi' caste which was notified as a scheduled caste. When things stood thus, the respondent No.6 herein filed a complaint before the respondent No.4 alleging that the petitioner did not belong to 'Bhovi' caste but belonged to 'Boyi' caste. He also alleged that the petitioner had obtained a false caste certificate. Based on the directions of the respondent No.4, the Deputy Superintendent of Police, Belagavi submitted a report dated 26.11.2021 before the respondent No.5. Based on the report, the respondent No.4 addressed a letter dated 21.01.2022 to the respondent No.2 to cancel the false caste certificate obtained by the petitioner. The respondent No.2 addressed a letter dated 05.02.2022 to the Social Welfare Department at Vijayapura and directed it to take steps as per the letter of the - 4 - NC: 2025:KHC-K:938 WP No. 201866 of 2024 respondent No.4 dated 21.01.2022. Thereafter, the respondent No.3 addressed a letter dated 27.05.2022 to the office of Social Welfare Department at Vijayapura, and briefed him that the petitioner had got his caste altered in the school records as 'Hindu Bhovi' from 'Hindu Boyi'. The petitioner contends that the respondent No.2 took up the matter on the basis of a report submitted by the respondent No.5. The respondent No.2 held proceedings in the absence of the petitioner and adjourned the case without fixing any date. Later, the respondent No.2 passed an order dated 01.09.2022 holding that the petitioner belonged to 'Boyi' caste which is recognised as Backward Class - I and not 'Bhovi' caste. The petitioner soon after coming to know of the order, submitted detailed objection along with all supporting documents. (ii) The petitioner contends that the issue whether he petitioner belonged to 'Bhovi' caste or not came up for consideration in an Election Petition No.5/1995 where it was established that he belonged to 'Bhovi' caste. The petitioner therefore, filed W.P.No.203276/2022 and this Court in terms of the order dated 30.01.2023 allowed the writ petition and quashed the impugned order dated 01.09.2022 and directed - 5 - NC: 2025:KHC-K:938 WP No. 201866 of 2024 the committee to pass appropriate orders. Following the said directions, the respondent No.2 purportedly passed another order dated 21.12.2023, which is challenged in this writ petition. 3. The learned counsel for the petitioner contends that once a caste certificate is issued, the procedure for challenging the caste certificate is as contemplated under Section 4B of the Karnataka Scheduled Castes, Scheduled Tribes And Other Backward Classes (Reservation Of Appointment, etc.,) Act, 1990 (henceforth referred to as 'Act, 1990' for short). He contends that the respondent No.2 has no role to play before the caste certificate is issued. He therefore, contends that the impugned proceedings held by the respondent No.2 which has resulted in the impugned order, is colourable and is in violation of the procedure prescribed under Section 4A and B of the Act of 1990. 4. Learned counsel for the respondents submitted that the entire procedure was undertaken at the behest of the respondent No.6. He however, does not dispute that the - 6 - NC: 2025:KHC-K:938 WP No. 201866 of 2024 respondent No.2 could not go into the question of validity of caste certificate granted. 5. Therefore, this writ petition deserves to be disposed off by setting aside the orders passed by the respondent No.2 as well as the report submitted by the respondent Nos.4 and 5. However, liberty is reserved to respondent No.6 to challenge the caste certificate issued in favour of the petitioner in the manner provided under Section 4B of Act, 1990. 6. In that view of the matter, this writ petition is allowed and the impugned order passed by the respondent No.2 order bearing No.f.C/¸ÀPÀE/¹AzsÀÄvÀé/eÁ.¥À/¹Dgï-02/2023-23 dated 21.12.2023 is quashed. Similarly, the report submitted respondent Nos.4 and 5 dated 26.11.2021 are quashed. Liberty is reserved to the respondent No.6 to challenge the caste certificate granted to the petitioner in the manner provided under Section 4B of Act, 1990. Sd/- (R.NATARAJ) JUDGE HJ List No.: 1 Sl No.: 59 CT:SI