- 1 - HC-KAR NC: 2025:KHC:32592-DB WA No. 1685 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1685 OF 2024 (GM-CC) BETWEEN: 1. SMT.SUSHEELA H.T W/OLATE SOMASHEKHARA K G AGED ABOUT 54 YEARS 2. SRI KUSHAL K S S/O LATE SOMASHEKHARA K G AGED ABOUT 30 YEARS 3. SRI KAVAN KUMAR K S S/O LATE SOMASHEKHARA K G AGED ABOUT 28 YEARS ALL ARE RESIDING AT KONANDUR MAIN ROAD KONANDUR POST KONANDUR VILLAGE AGARAHARA HOBLI THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT - 577 422 …APPELLANTS (BY SRI. RAKSHITH K S, ADVOCATE) AND: 1. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT - 577 201 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32592-DB WA No. 1685 of 2024 2. TAHASILDAR THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT - 577 432 …RESPONDENTS (BY SMT. NAMITHA MAHESH B.G, AGA) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 30.08.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP No.1852/2023 (GM- CC) AND ALLOW TH WP AS PRAYED FOR UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) The appellants have filed the present appeal impugning an order dated 30.08.2023 passed by the learned Single Judge in Writ Petition No.1852/2023 (GM-CC) captioned 'Smt. Susheela H T and Ors. v. Deputy Commissioner and Another'. The appellants had filed the said petition impugning the respective caste certificates issued by respondent No.2 (the Tahsildar). - 3 - HC-KAR NC: 2025:KHC:32592-DB WA No. 1685 of 2024 2. It is the case of the appellants that the said certificates incorrectly mention their caste as 'Vokkaliga caste’ instead of "Bhovi" community, which the appellants claim is their caste. The learned Single Judge had declined to entertain the petition on the ground that the appellants have a remedy of statutory appeal under Section 4D of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Act, 1990 [the Act]. 3. The learned counsel appearing for the appellants submits that an appeal under Section 4D of the Act would not lie as no order has been passed under Section 4C of the Act by the Verification Committee. He submits that the certificates have been issued by respondent No.2 and the appellants' grievance is limited to the incorrect caste being mentioned in the said certificates. He also contends that the earlier certificates issued to the appellants had correctly reflected their caste as 'Bhovi'. However, the same had been arbitrarily changed in the fresh certificates issued by respondent No.2. - 4 - HC-KAR NC: 2025:KHC:32592-DB WA No. 1685 of 2024 4. We note that in terms of Section 4A of the Act, any candidate or his parent or guardian is entitled to make an application to the Tahsildar in such manner for issuance of a caste certificate. Indisputably, the appellants have applied for caste certificate to the Tahsildar under the said provisions. 5. Section 4B of the Act provides for a remedy of an appeal against any order that has been passed under Section 4A of the Act. Section 4B of the Act is set out below: "4-B. Appeal against order under Section 4-A.- (1) Any person aggrieved by an order of the Tahsildar under Section 4-A may, within thirty days from the date of receipt of the order, prefer an appeal to Assistant Commissioner of the Revenue sub-division. (2) The Assistant Commissioner of the Revenue Sub-division may after giving both parties an opportunity of being heard pass orders allowing or dismissing the appeal and in appropriate cases directing issue of a caste certificate, or as the case may be, an income and caste certificate to the applicant." 6. In the present case, the appellants are aggrieved by the issuance of the certificates reflecting their caste as Vokkaliga which according to the appellants is erroneous. In the aforesaid view, the - 5 - HC-KAR NC: 2025:KHC:32592-DB WA No. 1685 of 2024 appellants have a remedy of an appeal under Section 4B of the Act. 7. We, accordingly, dispose of the present appeal by leaving it open for the appellants to avail their statutory remedy. We also note that the time available for filing such an appeal has expired. The present appeal has also been filed after a delay of 406 days, notwithstanding the same we consider it apposite to direct that if the appellants prefer statutory remedy of an appeal within the period of two weeks from date, the same will be considered on merits uninfluenced by the question of delay. 8. The pending applications also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB, List No.: 1 Sl No.: 40