- 1 - HC-KAR NC: 2025:KHC:49282 WP No. 35219 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 35219 OF 2018 (GM-RES) BETWEEN: J.S. RAJEEVA S/O SRI. J.L. SHIVARAMU, AGED ABOUT 39 YEARS H.KODIHALLI VILLAGE, H.MALLIGERE POST, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. …PETITIONER (BY SRI. G.M. ANANDA, ADVOCATE) AND: 1. THE KARNATAKA STATE COMMISSION FOR SCHEDULED CASTES & SCHEDULED TRIBES, NRUPATUNGA ROAD, BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY/CHAIRMAN. 2. K.S. ANILKUMAR S/O K.G. SATHYA AGED ABOUT 45 YEARS 1ST BLOCK,D.NO.163, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49282 WP No. 35219 of 2018 KERAGODU VILLAGE & POST, KERAGODU HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401 AND ALSO RESIDENT AT: K.S. ANILKUMAR S/O K.G. SATHYA C/O KRISHNAMURTHY SP 38, 8TH CROSS, GANDHINAGARA, MANDYA CITY - 571 401. …RESPONDENTS (BY SRI. A.C. MANJUNATH, ADVOCATE FOR R1 (ABSENT); R2 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTIO OF INDIA PRAYING TO QUASH THE PROCEEDINGS BEFORE THE 1ST RESPONDENT IN CASE NO.223/2018, AT ANNEXURE-A DATED 4.6.2018 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:49282 WP No. 35219 of 2018 ORAL ORDER The petitioner and respondent No.2 are said to have had financial transactions, which resulted in the petitioner initiating proceedings against respondent No.2 under Section 138 of the Negotiable Instruments Act, 1881. 2. Respondent No.2 on the ground that the petitioner has tried to misuse the status of respondent No.2, as a person belonging to Schedule Caste and Schedule Tribe community, has lodged a complaint with respondent No.1 - The Karnataka State Commission for Scheduled Castes and Scheduled Tribes. In this regard, respondent No.1 has issued the impugned notice to the petitioner to appear before it and submit his explanation. 3. Inspite of service of notice, respondent No.2 remains unrepresented. The learned counsel for respondent No.1 has also remained continuously absent. 4. The functions of the commission are defined under Section 8 of the Karnataka State Commission for - 4 - HC-KAR NC: 2025:KHC:49282 WP No. 35219 of 2018 Scheduled Castes and Scheduled Tribes Act, 2002. The same reads as under: "8. Functions of the Commission.- The functions of the commission shall be as follows,- (a) to investigate and examine the working of various safeguards provided in the constitution of India or under any other law for the time being in force or under any order of the Government for the welfare and protection of the Scheduled Castes and the Scheduled Tribes of Karnataka and; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguard of the Scheduled Castes and the Scheduled Tribes of Karnataka and to take up such matter with the appropriate authorities; (c) to participate and advise on the planning process of socio economic development of the Scheduled Castes and the Scheduled Tribes and to evaluate the progress of their development in the State. (d) to make recommendations as to the measures that should be taken by the State for the effective implementation of safeguards and other measures for the protection, welfare and socio economic development of the Scheduled Castes and the - 5 - HC-KAR NC: 2025:KHC:49282 WP No. 35219 of 2018 Scheduled Tribes and to make report to the State Government annually and at such other time as the Commission may deems fit. (e) to discharge such other functions in relation to the protection, welfare, development and advancement of the Scheduled Castes and the Scheduled Tribes as may be prescribed: Provided that if any matter specified in this section is dealt with by the National commission for Scheduled Castes and the Scheduled Tribes established under Article 338 of the Constitution of India the State Commission for Scheduled Castes and the Scheduled Tribes shall cease to have jurisdiction on such matter." 5. The documents produced reveal that there was a financial transaction between the petitioner and respondent No.2, which has resulted in litigation being instituted by the petitioner against respondent No.2. It has got nothing to do with the fact that respondent No.2 has been discriminated against because he belongs to a Scheduled Caste community. Under the said circumstances, respondent No.1 has no jurisdiction to - 6 - HC-KAR NC: 2025:KHC:49282 WP No. 35219 of 2018 issue a notice to the petitioner herein seeking to make an enquiry. Hence, the following: ORDER i. The Writ Petition is hereby allowed. ii. The impugned notice dated 04.06.2018, issued by respondent No.1 in Case No.223/2018, vide Annexure-A to the writ petition, stand quashed. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 43