Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50784 WP No. 33555 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 33555 OF 2025 (GM-RES)
BETWEEN:
1.
SRI CHANDRAPPA S/O.LATE CHIKKACHENNAPPA AGED ABOUT 51 YEARS R/O.PILLAGUNDALAHALLI SETTIGERE(MAJARE) MANDIKAL HOBLI, CHIKKABALLAPURA TALUK CHIKABALLLAPURA DISTRICK-562 104 …PETITIONER
(BY SRI. HARISH N.R., ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER (DESIGNATED AS APPELLATE AUTHORITY UNDER KARNATAKA SAKALA SERVICES ACT) NO.FA-01, DISTRICT OFFICES COMPLEX SHIDLAGHATTA ROAD, CHIKKABALLAPURA-562 101.
2.
THE ASSISTANT COMMISSIONER (DESIGNATED AS COMPETENT AUTHORITY UNDER KARNATAKA SAKALA SERVICES ACT) CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA-562 101.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50784 WP No. 33555 of 2025
3.
THE DEPUTY TAHSILDAR (DESIGNATED OFFICER UNDER KARNATAKA SAKALA SERVICES ACT) MANDIKAL HOBLI, CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICK-562 104.
4.
THE DIRECTOR, SAKALA SERVICES GOVERNMENT OF KARNATAKA, ROOM NO. 124, 1st FLOOR, 1st GATE, MULTI-STORIED BUILDING, AMBEDKAR VEEDHI BENGALURU - 560001. …RESPONDENTS
(BY SMT. SARITHA KULKARNI, AGA)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER PASSED BY THE RESPONDENT NO.1 IN SAKALA/CR.02/2025-25 DATED 01.08.2025 CONFIRMING ORDER PASSED BY THE RESPONDENT NO.2 ON ONLINE APPEAL BEARING NO.
RDF1112550 DATED 07.03.2025 AND THE ORDER PASSED BY THE RESPONDENT NO.3 IN ONLINE APPLICATION BEARING NO. RD0038229149024 DATED 04.02.2025, PRODUCED AS ANNEXURE-G AND ANNEXURE-C AND FURTHER BE PLEASE TO DIRECT THE RESPONDENT NO.1 TO 3 TO RECONSIDER THE APPLICATION AND PASS NECESSARY ORDERS FOR ATTESTATION OF FAMILY TREE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:50784 WP No. 33555 of 2025
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA accepts notice for respondent Nos.1 to 4.
2. Petitioner is before this Court seeking for the following reliefs:
"a) Issue writ of certiorari or any other writ or
order or direction, in the nature of writ, quashing the order passed by the respondent No.1 in Sakala/CR.02/2025-25 dated 01.08.2025 confirming order passed by the respondent No.2 on online appeal bearing No. RDF1112550 dated 07.03.2025 and the order passed by the respondent No.3 in online application bearing No.RD0038229149024 dated 04.02.2025, produced as ANNEXURE-G and ANNEXURE-C and further be please to direct the respondent No.1 to 3 to reconsider the application and pass necessary orders for attestation of family tree; and
b) Cost and such other reliefs deems fit to grant under the circumstances of the case in the interest of justice and equity."
3. The grievance of the petitioner is that the family tree sought for by the petitioner had not been furnished by respondent No 3 as required under the Karnataka Sakala Services Act, 2011 (for short 'the Act').
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HC-KAR NC: 2025:KHC:50784 WP No. 33555 of 2025
4. Learned AGA submitted that the application filed by the petitioner came to be rejected on the ground that as per the report of the Tahsildar, the grandfather of the petitioner is stated to have two wives, the petitioner belonging to the family of one of the wives, the persons belonging to the family of the second wife have not been made parties and as such, there being suppression of fact, the application came to be dismissed.
5.
Learned counsel for the petitioner submits that it was for the respondents to issue notice under sub-Section 7 of Section 13 of the Karnataka Sakala Services Act, 2011 and summon those family members and proceeded with the matter.
6. I am unable to accept the submission of learned counsel for the petitioner that it would be the duty of the authority to issue summons when the applicant has not made necessary persons as party to the application filed by the petitioner.
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HC-KAR NC: 2025:KHC:50784 WP No. 33555 of 2025
7. In that view of the matter, reserving liberty to the petitioner to file an application to implead those persons which shall be considered by respondent No.3 and if such application is filed, to recall the order dated 01.08.2025; restore the said proceedings; conduct a enquiry in accordance with law, the petition stands disposed of.
Sd/- (SURAJ GOVINDARAJ) JUDGE
VM List No.: 1 Sl No.: 10