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2026 DAILYLAW 1317 (KAR)

KUMAR SIDDALINGESHWAR T v. THE TAHSILDAR

WP/9184/2026 · 2026-03-26

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17402 WP No. 9184 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9184 OF 2026 (GM-CC) BETWEEN: KUMAR SIDDALINGESHWAR T., S/O B.S THONTADARYA AGED ABOUT 17 YEARS SINCE MINOR REPRESENTED BY MINOR GUARDIAN FATHER SRI. B.S. THONTADARYA S/O LATE B.SOMASHEKARIAH AGED ABOUT 48 YEARS, OCC: AGRICULTURE, R/O WARD NO.15, BASAVESHWAR BLOCK, K.R.NAGAR TOWN, TALUK: K.R. NAGAR, DISTRICT: MYSURU 570001 …PETITIONER (BY SMT. SUMANGALA GACHCHINAMATH, ADVOCATE FOR SRI. GURUDEV GACHCHINAMATH, ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17402 WP No. 9184 of 2026 AND: THE TAHSILDAR K.R. NAGARA TALUK: K.R.NAGARA DISTRICT: MYSURU-570001. …RESPONDENT (BY SRI. C.JAGADEESH, STANDING COUNSEL FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION SUBMITTED BY THE FATHER OF THE PETITIONER AND THE ONLINE APPLICATION PRODUCED AT ANNEXURES-D AND E, AND CONSEQUENTLY ISSUE THE SCHEDULED CASTE CATEGORY-C CERTIFICATE IN FAVOUR OF THE PETITIONER, IN ACCORDANCE WITH THE GOVERNMENT NOTIFICATION PRODUCED AT ANNEXURE-C AND ETC. THIS WRIT PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:17402 WP No. 9184 of 2026 ORAL ORDER The captioned writ petition is filed alleging inaction on the part of the respondent–authority in not considering the representation submitted by the petitioner’s father, as well as the online application made seeking issuance of a Scheduled Caste Category–C certificate in favour of the petitioner, in terms of the Government Notification produced at Annexure–C. 2. The petitioner contends that he belongs to a Scheduled Caste community, which is substantiated by a valid caste certificate issued by the competent authority, produced at Annexure–A. It is further stated that the petitioner is presently pursuing his II Year Pre-University Course at Hassan and is in need of a Category–C certificate for availing applicable benefits. In this regard, the petitioner’s father has submitted a representation requesting the respondent–authority to issue the requisite certificate. Alleging that the said representation has not - 4 - HC-KAR NC: 2026:KHC:17402 WP No. 9184 of 2026 been considered and no action has been taken, the present writ petition is filed. 3. Learned standing counsel appearing for the respondent vehemently opposes the petition and seeks its dismissal. 4. This Court is of the considered view that when a writ petition is filed seeking a writ of mandamus on the ground of inaction, the respondent–authority cannot justify its inaction by contesting the claim on merits without first discharging its statutory obligation. Once a representation is submitted by a citizen, it is incumbent upon the authority to consider the same in accordance with law and pass a reasoned order. 5. The failure of the respondent–authority to consider and decide the petitioner’s representation amounts to inaction, which cannot be countenanced. The authority is duty-bound to examine the petitioner’s claim in the light of the applicable Government Notification and - 5 - HC-KAR NC: 2026:KHC:17402 WP No. 9184 of 2026 take an appropriate decision. In the absence of such consideration, the petitioner is justified in invoking the writ jurisdiction of this Court seeking a direction to the authority. 6. In view of the above, this Court is of the opinion that ends of justice would be met by directing the respondent–authority to consider the petitioner’s representation and pass appropriate orders within a time- bound framework. ORDER (i) The writ petition is hereby disposed of; (ii) The respondent–authority is directed to consider the representation submitted by the petitioner, in the light of the Government Notification relied upon and produced at Annexure–C, and pass appropriate orders in accordance with law; - 6 - HC-KAR NC: 2026:KHC:17402 WP No. 9184 of 2026 (iii) Such exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 74