- 1 - HC-KAR NC: 2026:KHC:31894 WP No. 15799 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 15799 OF 2018 (GM-RES) BETWEEN: SRI UMAKANTH MISRA MAHARAJ B S/O LATE SRI.BALARAM MISRA MAHARAJ, AGED ABOUT 48 YEARS R/AT VIRAGI MUTT, PALAYAM ROAD, CALICUT, KERALA-673 001 …PETITIONER (BY SRI. RUPESH KUMAR S.,ADVOCATE) AND: 1. SRI RAVINDRA S/O LATE SRI.NANJUNDAIAH, AGED ABOUT 41 YEARS, 2. SRI.BYRAVESHWARA S/O LATE SRI RAMAIAH, AGED ABOUT 40 YEARS, 3. SRI.SIDDARAMAIAH S/O LATE MUNIYANA SIDDAIAH, AGED ABOUT 75 YEARS ALL ARE PERMANENT R/OF KALASTHAWADI VILLAGE, KASABA HOBLI, MYSORE TALUK, MYSORE DISTRICT-570 003. 4. THE PRESIDENT KARNATAKA STATE COMMISSION FOR Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31894 WP No. 15799 of 2018 SC AND ST BANGALORE, NO.14/3, 2ND FLOOR, CFC BUILDING, NRUPATHUNGA ROAD, BANGALORE-560 001. 5. THE TAHSILDHAR OFFICE OF THE TAHSILDAR, NAZARBAD, MYSORE TALUK, MYSORE DISTRICT-570 010. …RESPONDENTS (BY SRI. C.P. PUTTARAJ.,ADVOCATE FOR R1 & R2; SRI. A.C. MANJUNATH., ADVOCATE FOR R4; V/O DATED 08.07.2025 PETITION AGAINST R3 IS DISMISSED AS ABATED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCEEDINGS PENDING BEFORE THE 4TH RESPONDENT AUTHORITY IN DISPUTE BEARING NO. JAMEENU/44/2018 DATED 16.03.2018 AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who claims to have purchased lands in Sy.No. 358 measuring 0.02 gunta, Sy.No. 329 to an extent of 0.2 gunta, Sy.No. 328/1 to an extent of 1 acre 26 gunta, totally measuring 1 acre 30 gunta situated at Kalasawadi Village, Kasaba Hobli, Mysore Taluk, in terms of registered deed of sale - 3 - HC-KAR NC: 2026:KHC:31894 WP No. 15799 of 2018 dated 16.08.2003 executed by respondent Nos.1 to 3 herein, is before this Court being aggrieved by the proceedings initiated by respondent Nos.1 to 3 pending before the respondent No.4 in dispute bearing No.JAMEENU/44/2018 dated 16.03.2018 as per Annexure-A. 2. The aforesaid proceedings have been initiated by respondent Nos.1 to 3 before respondent No.4 by filing an application dated 04.01.2018. Perusal of which would indicate the respondent Nos.1 to 3 claiming to be the persons belonging to Scheduled Caste, being in possession of aforesaid land which was granted to their forefathers, had sought for intervention of the respondent-Commission seeking directions to the Tahsildar to delete the name of petitioner herein who is respondent No.1 in the said proceedings from the revenue records and to re- enter the names of the respondent nos. 1 to 3. 3. Impugned order at Annexure-A indicate that in furtherance to the said complaint/ application filed by respondent Nos. 1 to 3, the respondent No.4- Commission purportedly found prima facie case of respondent Nos. 1 to 3 being the owners in possession of the said land and proceeded - 4 - HC-KAR NC: 2026:KHC:31894 WP No. 15799 of 2018 to pass an interim order of injunction, restraining the petitioner herein from interfering or causing any impediment in they carrying out agricultural activities on the said land and has further directed the jurisdictional police to grant them necessary protection. It is this proceedings and the interim order which has constrained the petitioner to approach this Court. 4. Learned counsel for the petitioner appearing through video conferencing also refers to the Order dated 24.03.2018 passed in OS No.51/2018 on the file of II Additional Civil Judge and JMFC, Mysuru, and submits that the said suit was filed by the petitioner herein against the respondent Nos. 1 to 3 and another, in which after the contest the trial Court had allowed the application filed by the petitioner herein under Order XXXIX Rule 1 and 2 Of CPC restraining the respondents therein who are the respondents herein as well from interfering with the peaceful possession and enjoyment of the subject property. 5. He further submits that the said suit has now culminated in final decree being passed. He also refers to - 5 - HC-KAR NC: 2026:KHC:31894 WP No. 15799 of 2018 another judgment in OS No.673/2007 produced at Annexure-J and submits that the respondents through their other family members had always attempted to cause harassment to the petitioner, in that they had filed the suit for partition which has also been dismissed. 6. He submits that an appeal which was filed by the respondent Nos. 1 to 3 against the said judgment in RA No. 80/2012 has also been dismissed vide order dated 18.06.2013. 7. Thus, he submits that the petitioner who is the absolute owner of the property having purchased the same in terms of a deed of sale dated 16.08.2003 has been subjected to unwarranted harassment at the hands of respondent Nos. 1 to 3 and the respondent No.4-Commission without having jurisdiction has taken up the matter. Hence seeks for allowing of the petition. 8. No representation on behalf of the respondents. 9. Heard. Perused the records. 10. Petitioner has purchased the aforesaid property from the respondent Nos. 1 to 3 and other family members in - 6 - HC-KAR NC: 2026:KHC:31894 WP No. 15799 of 2018 terms of deed of sale dated 16.08.2003. Respondents had filed a suit in O.S.No.673/2007 for partition amongst themselves and other family members in respect of the subject property which came to be dismissed. An appeal filed against the said judgment and decree in R.A.No.80/2012 has also been dismissed. Petitioner herein has filed a suit O.S.No.51/2018 and has obtained permanent injunction against the respondent Nos. 1 to 3. 11. Prima facie, the petitioner has proved and established of he being the owner of the subject property in terms of sale deed and he having been favoured with the order of injunction initially which culminated in judgment and decree of permanent injunction passed in O.S.No.51/2018 in his favour. Attempt made by respondent Nos.1 to 3 by filing a suit for partition has resulted in its dismissal. 12. Things stood thus, an attempt is made by respondent Nos.1 to 3 invoking the power and authority of respondent No.4-Commission, which has taken upon itself the responsibility of adjudicating the dispute between the parties and has gone ahead in granting the interim injunction. - 7 - HC-KAR NC: 2026:KHC:31894 WP No. 15799 of 2018 13. Section 8 of the Karnataka State Commission for Scheduled Castes and Scheduled Tribes Act, 2002 providing for its functions and powers, 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 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. (f) to recommend to the Government, the necessary modification in the reservation percentage of sub- - 8 - HC-KAR NC: 2026:KHC:31894 WP No. 15799 of 2018 classification to the members of the Scheduled Castes on receipt of new data or information from the Government" 14. Nowhere the said provision provides for initiation of proceedings and passing of an order as that of one done in the instant case. 15. Co-ordinate Bench of this Court in W.P.No.63405/2016 (SC/ST) dated 23.11.2020 dealing with identical issue at paragraphs 14 and 15 has held as under; "14. The Commission cannot be construed to be a Tribunal or a forum discharging the functions of a judicial character or Court. Article 338 of the Constitution itself does not entrust the Commission with the power to take up the role of a Court or an adjudicatory Tribunal and determine the rights of parties inter se. 15. Clause (8) of Article 338 gives all the powers of a civil Court trying a suit but the said powers are to be exercised while investigating any matter referred to it in the clauses aforementioned which would make it clear that the powers bestowed upon the Commission by the Constitution are procedural powers of the civil Court for the purpose of investigating and enquiring into matters and are limited only for that purpose. The procedure that is conferred under Article 338 cannot be confused to be conferring a substantive power akin to that of a civil Court or a Tribunal which are adjudicating bodies of disputes of citizens." 16. Clearly, the proceedings initiated and the interim order passed by the respondent No.4-Commission is unsustainable and the same suffers from lack of jurisdiction. - 9 - HC-KAR NC: 2026:KHC:31894 WP No. 15799 of 2018 Accordingly, petition is allowed. Proceedings before the respondent No.4-Commission in dispute bearing No.Jameenu/44/2018 dated 16.03.2018 is quashed. SD/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 29