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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF FEBRUARY, 2022

BEFORE

THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO.18287 OF 2021 (GM - CC)

BETWEEN:
1. DR. M. P. DARAKESWARAIAH,
S/O M. PANCHAKSHARAIAH,
AGE 62 YEARS,
# 39, M R LAYOUT, NAGASANDRA POST,
BANGALORE - 560 073.

2. M.D.SHRUTHI,
D/O DR. M P DARAKESWARAIAH,
AGE 32 YEARS,
# 39, M R LAYOUT, NAGASANDRA POST,
BANGALORE – 560 073.

3. M.P. VIVEK MATAD,

S/O PRABHUSHANKAR M R.,
AGE 30 YEARS,
NO.81, MANJUNATHA NILAYA,
2ND CROSS,
BANGALORE - 560 020.

4. M.S. MAMATHA,
W/O RAVISHANKAR C.,
AGE 38 YEARS,
39, M.R.LAYOUT, NAGASANDRA POST,
BANGALORE - 560 073.

5. H. S. SHANTHIKUMARI,
W/O PRABHUSHANKAR M R.,
AGE 55 YEARS,
NO.81, MANJUNATHA NILAYA,
2ND CROSS,
BANGALORE - 560 020.

6. JAYARAJ,
S/O SHIVALINGAIAH,
AGE 49 YEARS,
# 01, 6TH CROSS,
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BHUVANESHWARI NAGARA,
BANGALORE - 560 057.

7. SMT. SHOBHA,
W/O JAYARAJ,
AGE 50 YEARS,
NO.01, 6TH CROSS,
BHUVANESHWARI NAGARA,
BANGALORE – 560 057.

8. RAVISHANKAR C.,
S/O CHANDRASHEKARDHYA,
AGE 44 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

9. M. E. SUJATHA,
W/O DR. M. P. DARAKESWARAIAH,
AGE 56 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

10. MANJUNATH M D.,

S/O DR. M P DARAKESWARAIAH,
AGE 56 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

11. M. R. CHETHANA,
D/O M P RENUKACHARYA,
AGE 20 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 07.

12. GURUSIDDAYYA HIREMATH,

S/O RACHAIAH,
AGE 40 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

13. M. R. CHANDHANA,
S/O M P RENUKACHARYA,
AGE 26 YEARS,
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NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

14. M. V. P. ARADHYA,
S/O PANCHAKSHARAIAH,
AGE 66 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

15. M. P. NALINAKSHI
D/O M. PANCHAKSHARAIAH,
AGE 63 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

16. M. P. RAMESH,
S/O M.PANCHAKSHARAIAH,
AGE 57 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

17. M. P. MALLIKARJUNNASWAMY,
S/O M. PANCHAKSHARAIAH,
AGE 55 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

18. K. M. VISWARADHYA,
S/O M. PANCHAKSHARAIAH,
AGE 59 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

19. SPOORTHI,
D/O K M VISWARADHYA,
AGE 16 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

20. SRUSHTI,
D/O K M VISWARADHYA,
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AGE 17 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

21. PRABHULINGAIAH,
S/O K M KOTRAIAH,
AGE 49 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

22. VIDYA S HIREMATH,

D/O SHANKARAYYA,
AGE 33 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

23. H. S. THIPPESWAMY,
S/O SHIVANANDAIAH,
AGE 57 YEARS,
NO.39, M R LAYOUT,
NAGASANDRA POST,
BANGALORE – 560 073.

24. K. M. MANJUNATH,
S/O K.M.SIDDAIAH,
AGE 60 YEARS,
R/O B M NAGAPPA BUILDING,
ALUR ROAD, MAKALI POST,
BANGALORE - 562 162.

25. MALENDRAIAH MATA,

S/O GIRIMALLAIAHA MATA,
AGE 39 YEARS,
NO.2, 1ST CROSS,
KODDICHIKKANAHALLI,
BANGALORE – 560 076.

26. M. P. CHENNABASAVARAJU,
S/O M. PANCHAKSHARAIAH,
AGE 53 YEARS,
NO.21, OLD NO.47/2, SAIBANDANA,
VENKATA PURA EXTENSION,
HSR LAYOUT,
BANGALORE - 560 102.
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27. M P RAVI SHANKAR,

S/O M PANCHAKSHARAIAH,
AGE 53 YEARS,
NO.21, OLD NO.47/2, SAIBANDANA,
VENKATA PURA EXTENSION,
HSR LAYOUT,
BANGALORE - 560 102.

28. DHYAN M R.,

S/O M P RAVI SHANKAR,
AGE 16 YEARS,
NO.21, OLD NO.47/2, SAIBANDANA,
VENKATA PURA EXTENSION,
HSR LAYOUT,
BANGALORE - 560 102.

29. TM GANGAHDARA SWAMY,

S/O MAHESHWARAIAH,
AGE 45 YEARS,
NO.117A, 2ND FLOOR,
24TH CROSS, 18TH MAIN,
NEAR NARAYANA HOSPITAL,
H S R LAYOUT,
BANGALORE - 560 102.

30. VEERESHASWAMY C KYASANOORAMATH,

AGE 17 YEARS,
# 21, H S R LAYOUT,
BANGALORE – 560 102.
…PETITIONERS
(BY SRI.R.G.HEGDE, ADVOCATE FOR P1, P2, P9, P10, P26-P28
AND SRI.G.F.HUNASIKATTIMATH, ADVOCATES)

AND:

1. THE DISTRICT CASTE VERIFICATION COMMITTEE,

OFFICE OF THE DEPUTY COMMISSIONER,
SHIMOGA DISTRICT,
SHIMOGA – 576 201.

2. THE ASSISTANT COMMISSIONER,

CHITRADURGA SUB DIVISION,
CHITRADURGA DISTRICT – 577 501.

3. TAHSILADAR,
HIRIYUR TALUK,
HIRIYUR,
CHITRADURGA DISTRICT – 577 598.
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4. DEPUTY COMMISSIONER,
BANGALORE URBAN DISTRICT,
K G ROAD,
BANGALORE – 560 009.

5. THE ASSISTANT COMMISSIONER,

BANGALORE NORTH TALUK,
KHANDAYA BHAVANA,
K G ROAD,
BANGALORE – 560 009.

6. GRADE – II – TAHSILDAR,
BANGALORE NORTH TALUK,
KANDAYA BHAVANA,
BANGALORE – 560 009.

7. GRADE – II – TAHSILDAR,
BANGALORE SOUTH TALUK,
KANDAYA BHAVANA,
BANGALORE – 560 009.
…RESPONDENTS
(BY SRI.C.JAGADISH, SPECIAL COUNSEL FOR R1 – R7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS
WRIT PETITION AND QUASH THE FOLLOWING IMPUGNED
ORDERS PASSED BY THE R6 AND 7; ANNEXURE - X, X2, X4, Z,
Z4 DATED NIL AND Z2 DATED 23.08.21 AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The case of the Petitioner Nos.1 to 12 does not require a

longer deliberation in view of the responsible statement made

by the learned Senior Special Counsel appearing for the

official respondents that their social status and scheduled

Caste Certificates have not been withdrawn and that they

would continue as before. In view of this stated position, the

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question of any prejudicial action being taken against these

petitioners pursuant to Endorsement dated 17.09.2021

issued by respondent No.7 at Annexure-W, would not arise.

Thus full redressal to their grievance has been accorded and

their social status has been left unaffected.

2. The grievance of Petitioner Nos.13 to 24 is

essentially against the rejection of their application for the

grant of Caste Certificates. Learned Senior Special Counsel

appearing for the respondents submits and this Court thinks

it right that Section 4(A) of the Karnataka Scheduled Castes

Scheduled Tribes and other Backward Classes (Reservation of

Appointment etc.,) Act, 1990 in so many words specifies as to

who are the persons who can make the application for the

grant of social status certificates and therefore, except the

persons named in the section, others cannot make the

application on behalf of the candidates.

3. However, what is said above is not end of the

matter. Liberty needs to be reserved to these petitioners to

individually apply for the grant of social status certificate in

terms of Section 4(A) of the 1990 Act. If these petitioners

individually make an application in the prescribed form in

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terms of this Section, the jurisdictional respondent shall

consider & dispose off the same within an outer limit of six

weeks, and delay if brooked shall be viewed very seriously. All

contentions in this regard are kept open. It hardly needs to

be stated that while considering these applications, the

impugned endorsement dated 17.09.2021 shall not be looked

into.

4. The grievance of the petitioner Nos.25 to 30 made

out before Writ Court can be addressed by the Appellate

Authority in terms of section 4(B) of the 1990 Act. In more or

less similar matters, this Court has relegated litigants of the

kind to the appellate remedy. One such instance is WP

No.23233/2021 (GM-CC) between NANDISH C MATHAD &

OTHERS vs. DEPUTY COMMISSIONER AND OTHERS

disposed off by this Court on 27.01.2022.

5. The above being the position, there is no reason

for this Court to take a different route, in the absence of

special circumstances. This having been said, here again

liberty needs to be reserved to these petitioners to prefer an

appeal within a period of four weeks against the impugned

orders and that the Appellate Authority shall hear & dispose
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off the same within an outer limit of eight weeks after giving

an opportunity of hearing to all the stake holders. All

contentions in this regard are kept open.

In the above circumstances, this petition is disposed off,

costs having been made easy.

Sd/-
JUDGE

DS