- 1 - HC-KAR NC: 2025:KHC:45520 WP No. 51471 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 51471 OF 2017 (GM-RES) BETWEEN: 1. SYED ASIF PASHA S/O S.P.SYED ANWAR, SINCE DECEASED REP BY HIS LR'S 1(A) ASHRAF UNNISSA W/O LATE SYED ASIF PASHA AGED ABOUT 46 YEARS. 1(B) MOHAMMED SAAD S/O LATE SYED ASIF PASHA AGED ABOUT 26 YEARS, PETITIONER NO.1(A) TO 1(B) RESIDING AT WARD NO.15, KADRI PALYA, SHIDLAGATTA, SHIDLAGATTA POST, CHIKKABALLAPURA-562 105. 1(C) FAIZA FATHIMA D/O LATE SYED ASIF PASHA AGED ABOUT 23 YEARS, RESIDING AR NO.18, C/O MOHSIN AHMED, RAMALINGASHREE TEMPLE STREET, VEERANNA GARDEN ROBERTSON ROAD, BENGALURU- 560005. 2. SRI.MUNAVAR PASHA S/O S.P.SYED ANWAR, SINCE DECEASED REP BY HIS LR'S 2(A) KUSHNUDA ANJUM W/O LATE MUNAVAR PASHA AGED ABOUT 53 YEARS Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45520 WP No. 51471 of 2017 2(B) SYED UMAAR SHAHID.M S/O LATE MUNAVAR PASHA AGED ABOUT 33 YEARS. 2(C) SYED ZUBAIR AHMED S/O LATE MUNAVAR PASHA AGED ABOUT 31 YEARS. ALL PETITIONER NO. 2(A) TO 2(C) R/AT WARD NO.15, KADRIPALYA, SHIDLAGATTA, SHIDLAGATTA POST, CHIKKABALLAPURA- 562 105. 3. SRI.S.A.ANWAR PASHA S/O S.P.SYED ANWAR, AGED ABOUT 44 YEARS R/AT WARD NO. 15, KADRIPALYA, SHIDLAGATTA, SHIDLAGATTA POST, CHIKKABALLAPURA- 562 105. …PETITIONERS (BY SRI. B RAMESH., ADVOCATE) AND: 1. THE KARNATAKA STATE SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION NRUPATHUNGA ROAD, BENGALURU-560 001 REPRESENTED BY ITS PRESIDENT SECRETARY. 2. SRI.K.NARASIMAMURTHY S/O K.KADIRAPPA, R/AT SIDDARATHNAGAR KEB BEHIND, SIDDALAGATTA TOWN, CHIKKABALLAPURA DISTRICT-562 105. …RESPONDENTS (BY SRI. C.JAGADISH, ADVOCATE FOR R1; SRI. P.L.NANJUNDASWAMY, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENTIRE PROCEEDINGS INITIATED BY R-1 IN CASE NO.985/2016 PURSUANT TO THE COMPLAINT LODGED BY THE R-2 DATED 23.11.2016 AT ANNEX-E AND G., AND ETC. - 3 - HC-KAR NC: 2025:KHC:45520 WP No. 51471 of 2017 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 petitioners are assailing the proceedings in Case No.985 of 2016 and intimation dated 23.11.2016, issued by Respondent No.1, (Annexures G and E), pursuant to the complaint dated 22.11.2016 lodged by Respondent No.2. 2. I have heard learned counsel for the petitioner and the learned counsel for both the Respondents. 3. On careful consideration of the impugned order at Annexure-G, proceedings have been initiated against the petitioner with regard to the immovable property mentioned at Annexure-E to the writ petition. 4. In that view of the matter, since Respondent No.1- Commission has no jurisdiction under Section 10 of the Karnataka Commission for Scheduled Castes and Scheduled Tribes Act, 2002 and, following the declaration of law made by this court in W.P.No.46279 of 2013 disposed of on 09.10.2020 - 4 - HC-KAR NC: 2025:KHC:45520 WP No. 51471 of 2017 and the order dated 23.11.2020 in W.P.No.63405 of 2016, I am of the view that, the impugned proceedings before Respondent No.1 requires to be quashed. 5. In the result, the following : ORDER i) Writ Petition is allowed; ii) The impugned proceedings before Respondent No.1 in Case No.985 of 2016 (Annexures G) is quashed. SD/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 26