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2026 DAILYLAW 27961 (KAR)

SMT. T. SANDYA RANI v. THE STATE OF KARNATAKA

WP/10120/2016 · 2026-07-13

M G S Kamal

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35445 WP No. 10120 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 10120 OF 2016 (GM-CC) BETWEEN: 1. SMT. T. SANDYA RANI D/O SRI K LAKSHMINARAYANA, W/O SRI A BALAKRISHNA, RESIDING AT ADEKOPPE VILLAGE, GOWDIGERE POST, MANCHENAHALLI HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT. …PETITIONER (BY SRI. G.KRISHNAMURTHY, SR.ADVOCATE FOR SRI. SAMPATH BAPAT.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M S BUILDING, BANGALORE-560 001 2. THE DIRECTOR SCHEDULED TRIBE WELFARE & APPELLATE AUTHORITY, KRISHI BHAVAN, 2ND FLOOR, HUDSON CIRCLE, BANGALORE-560 001 3. THE DEPUTY COMMISSIONER & DISTRICT CASTE VERIFICATION COMMITTEE, CHIKKABALLAPURA-562 101 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35445 WP No. 10120 of 2016 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE CIVIL RIGHTS ENFORCEMENT DIRECTORATE, BANGALORE-560 001 5. THE TAHASILDAR GOWRIBIDANUR TALUK, CHIKKABALLAPURA -562 101 6. SMT KALPANA B K W/O SRI E NARAYANA SWAMY RESIDING AT MARAPANAHALLI, TALAGAVARA POST, KAIWARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-562 101 …RESPONDENTS (BY SRI. C.JAGADISH, SPL. GOVT. ADVOCATE FOR SRI.KASHINATH J.D.,ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE RESPONDNET NO.2 IN APPEAL NO.CR-6/2014- 15 DATED 28.10.2015 VIDE ANNEXURE-P BY SETTING ASIDE THE ORDER PASSED BY RESPONDENT NO.3 WHERE THE CASTE OF THE PETITIONER IS CONFIRMED AS THE PETITIONER BELONGS TO NAYAKA AND ETC., THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:35445 WP No. 10120 of 2016 ORAL ORDER In this petition, petitioner who was issued with a caste certificate, certifying she belonging to Nayaka Community, has questioned the Order dated 28.10.2015 passed by respondent No.2 as per Annexure-P. 2. By the said Order, respondent No.2 in purported exercise of his power under Section 4D of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.,) Act, 1990 has allowed the appeal filed by private respondent No. 6, setting aside the Order dated 09.10.2013 passed by respondent No.3- District Caste Verification Committee and also set aside the caste certificate dated 24.03.2018 issued by respondent No.5 in favour of the petitioner herein. 3. Learned special counsel appearing for respondent Nos. 1 to 5 fairly submits that the Order impugned could not have been passed by the Appellate authority and that the option that was available was only under Section 4F, whereby a revision by the Deputy Commissioner is provided. - 4 - HC-KAR NC: 2026:KHC:35445 WP No. 10120 of 2016 4. In that view of the matter, this Court does not deem it appropriate to delve into any contention urged in the matter. Accordingly, following order is passed: ORDER (i) The writ petition is allowed. (ii) Order dated 28.10.2015 passed by respondent No.2 and Order dated 25.04.2017 passed by respondent No.5 as per Annexure-P and S respectively are set aside. (iii) Deputy Commissioner is at liberty to initiate the proceedings under Section 4F of the Act and pass appropriate order. If and when such proceedings are initiated, the Deputy Commissioner shall afford sufficient opportunity to concerned parties including petitioner herein. In view of disposal of writ petition, pending IAs, if any, stands disposed of. Sd/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 0