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2025 DAILYLAW 67477 (KAR)

SRI. SRINIVAS. N v. ADDITIONAL DIRECTOR GENERAL OF POLICE

WP/29019/2023 · 2025-10-30

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43383 WP NO.29019 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.29019 OF 2023 (GM-CC) BETWEEN: SRI. SRINIVAS N. S/O LATE NAGARAJU, AGED ABOUT 47 YEARS, R/AT 1ST BLOCK, KISHU YASHU NILAYA, KOLAR MAIN ROAD, SANTHE GATE, BETHAMANGALA, K.G.F. TALUK, KOLAR DISTRICT - 563 116. …PETITIONER (BY SRI. KASHINATH J.D., ADVOCATE) AND: 1. ADDITIONAL DIRECTOR GENERAL OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, TECHNICAL EDUCATION BUILDING, PALACE ROAD, BENGALURU - 560 001. 2. THE SUPERINTENDENT OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, KOLAR DIVISION, KOLAR - 563 101. 3. THE POLICE INSPECTOR DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, KOLAR DIVISION, KOLAR - 563 101. …RESPONDENTS (BY SRI. C. JAGADISH, ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43383 WP NO.29019 OF 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR DIRECTION OR ORDER OR ANY OTHER WRIT IN THE NATURE OF WRIT OF PROHIBITION AGAINST THE RESPONDENTS 2 AND 3 AND STOP THEM FROM COMPELLING THE PETITIONER FOR INVESTIGATION OR ENQUIRY ON THE CASTE STATUS OF THE PETITIONER WITHOUT SERVING NOTICE AND WITHOUT DECIDING THE PRELIMINARY OBJECTION FILED BY THE PETITIONER ON 02ND NOVEMBER, 2023 VIDE ANNEXURE-E; DIRECT THE RESPONDENTS 2 AND 3 TO CONSIDER THE OBJECTIONS FILED BY THE PETITIONER DATED 02ND NOVEMBER, 2023 VIDE ANNEXURE-E AS PRELIMINARY OBJECTIONS, TILL THEN DIRECT THE RESPONDENTS 2 AND 3 NOT TO TAKE ANY COERCIVE STEPS TO SUBMIT REPORT OR FORCING THE PETITIONER TO APPEAR FOR ENQUIRY AT THEIR OFFICE; AND ETC. 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 ORAL ORDER In this writ petition, the petitioner is seeking writ of prohibition against the respondents 2 and 3 and stop them from compelling the petitioner for investigation/enquiry on the caste status of the petitioner without serving notice and without - 3 - HC-KAR NC: 2025:KHC:43383 WP NO.29019 OF 2023 deciding the preliminary objection filed by the petitioner on 02nd November, 2023 (Annexure-E). 2. Heard Sri. Kashinath J.D., learned counsel appearing for the petitioner and Sri. C. Jagadish, learned counsel appearing for respondents. 3. Sri. Kashinath J.D., learned counsel appearing for the petitioner submits that the respondent-Authorities cannot compel the petitioner for enquiry without considering the preliminary objection raised by the petitioner on 02nd November, 2023 (Annexure-E). Accordingly, he sought for interference of this Court. 4. Having taken note of the submission made by learned counsel appearing for the petitioner and taking into account the averments made in the writ petition, without expressing any opinion on merits of the case, the respondents 2 and 3 are directed to consider the preliminary objection filed by the petitioner on 02nd November, 2023 (Annexure-E) and pass appropriate orders in the light of judgment of Hon'ble Supreme Court in the case of MAHARASHTRA ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI vs. STATE OF - 4 - HC-KAR NC: 2025:KHC:43383 WP NO.29019 OF 2023 MAHARASHTRA AND OTHES reported in (2023)16 SCC 415 and judgment of Division Bench of this Court in the case of CHANNABASAYYA vs. THE STATE OF KARNATAKA AND OTHERS made in Writ Appeal No.100375 of 2017 decided on 17th August, 2020. 5. It is made clear that, in the event, if the respondent-Authorities need to enquire the petitioner, the same shall be done only after issuance of due notice to the petitioner and after consideration of objection raised by the petitioner at Annexure-E. The respondents shall not take any coercive steps against the petitioner till the consideration of preliminary objection filed by the petitioner. Accordingly, writ petition is disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 31