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2026 DAILYLAW 50698 (KAR)

A.M.A SURESH KUMAR v. THE DIRECTOR

WP/29184/2023 · 2026-02-02

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5840 WP No. 29184 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 29184 OF 2023 (GM-CC) BETWEEN: A.M.A SURESH KUMAR S/O A M A HIREKOTRAIAH AGED ABOUT 48 YEARS, R/AT SOMENAHALLIGATE KANAKAPURA MAIN ROAD, BENGALURU SOUTH TALUK BENGALURU RURAL DISTRICT - 560 082. PETITIONER (BY SRI. R G HEGDE, ADVOCATE) AND: 1. THE DIRECTOR SOCIAL WELFARE DEPARTMENT M.S. BUILDING, 4TH FLOOR BENGALURU - 560 001. 2. THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT, VIJAYANAGAR DISTRICT-583 212. 3. ASSISTANT DIRECTOR SOCIAL WELFARE DEPARTMENT, HABOHALLI - 583 212 VIJAYANAGAR DISTRICT-583212 4. SRI. B RAGHAVENDRA VICE PRESIDENT DR. AMBEDKAR SANGHA TALUKA SAMITI KUDLIGI Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5840 WP No. 29184 of 2023 KUDLIGI TALUK VIJAYANAGAR DISTRICT - 583 212. …RESPONDENTS (BY SRI. C. JAGADEESH., ADVOCATE FOR R1 TO R3 (VK NOT FILED) SMT. PAULINE PRIYANKA B., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND PROCEEDINGS. QUASH THE NOTICE ISSUED BY THE R-3 DATED 11.12.2023 BEARING NO.SANIGRE-2/SAKAE/HABOHALLI/SU JA PRA P/2023-24 AS PER ANNEXURE-J BY THE ISSUE OF WRIT OF CERTIORARI AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court being aggrieved by the notice dated 11.12.2023 at Annexure-J issued by respondent No.3 calling upon the petitioner to appear and submit his explanation with regard to he obtaining the caste certificate. 2. Learned counsel for petitioner submits that respondent No.3 has no jurisdiction under The Karnataka Scheduled Castes Scheduled Tribes and other Backward Classes (Reservation of Appointment etc.,) Act, 1990 to hold any such enquiry in the - 3 - HC-KAR NC: 2026:KHC:5840 WP No. 29184 of 2023 matter. Enquiry if any has to be held by either Deputy Commissioner or Assistant Commissioner. 3. Learned Special counsel appearing for respondents 1 to 3 fairly submits that the notice at Annexure-J has been issued without jurisdiction. He however submits liberty be reserved either to the Deputy Commissioner to proceed suo moto or respondent No.4 to take necessary action in accordance with law. 4. Submission is placed on record. 5. Accordingly, following: ORDER (i) Petition is partly allowed. (ii) Notice dated 11.12.2023 at Annexure-J passed by respondent No.3 is quashed. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 19