Bhimaraya S/O Gurappa Patil vs The State By Its Principal ...
2022 Latest Caselaw 1653 Kant

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          IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 3RD DAY OF FEBRUARY, 2022

                        BEFORE

        THE HON'BLE MR.JUSTICE E.S.INDIRESH


       WRIT PETITION No.201283/2021 (GM-CC)

BETWEEN:

BHIMARAYA S/O GURAPPA PATIL
AGE: 60 YEARS
OCC: RETD. PUBLIC SERVANT
R/O VASTHARI, TQ. YEDRAMI
DIST. KALABURAGI-585225
                                         ... PETITIONER

(BY SRI BHIMASHANKAR, ADVOCATE)


AND:

1.     THE STATE BY ITS
       PRINCIPAL SECRETARY FOR REVENUE
       M.S BUILDING
       DR. AMBEDKAR VEEDHI
       BANGALORE-560001

2.     THE DEPUTY COMMISSIONER
       OF LAND REVENUE, KALABURAGI
       TQ. AND DIST. KALABURAGI-585102

3.     THE ASSISTANT COMMISSIONER
       LAND REVENUE, KALABURAGI
       TQ. AND DIST. KALABURAGI-585102

4.     THE TAHASILDAR, YEDRAMI
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      TQ. YEDRAMI
      DIST. KALABURAGI - 585225
                                              ... RESPONDENTS

(BY SRI C. JAGADISH, SPECIAL COUNSEL)


      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE   CONSTITUTION       OF    INDIA    PRAYING     TO    DIRECT
RESPONDENT NO.4 FOR ISSUANCE OF CASTE CERTIFICATE OF
"KAADU     KURUBA"    CASTE    TO     THE   GRANDCHILDREN     OF
PETITIONER AS PER THE ORDER OF RESPONDENT NO.3
PASSED IN FILE NO.SAM/KAM/SANKEERNA/07/2018-19 DATED
25.06.2019 PRODUCED AT ANNEXURE-C.


      THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-


                          ORDER

The short question involved in this writ petition is

with regard to consideration of the representation dated

26.06.2019 produced at Annexure-D by the fourth

respondent herein.

2. Having heard Sri Bhimashankar, learned

counsel for the petitioner and Sri C.Jagadish learned

Special Counsel for the respondent-State, I am of the view

that there is no impediment for the fourth respondent

herein to consider the representation dated 26.06.2019

made by the petitioner.

3. In that view of the matter, writ petition is

disposed of directing the fourth respondent to consider the

representation dated 26.06.2019 made by the petitioner,

in accordance with law, in the light of the judgment of the

Hon'ble Apex Court in the case of Kumari Madhuri Patil

and another vs. Addl., Commissioner, Tribal

Development and others reported in AIR 1995 SC 94,

within three months from the date of receipt of certified

copy of this order.

Sd/-

JUDGE

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