Karnataka High Court
Sri Shantaveerayya S/O Fakirayya vs The Tahasildar on 17 June, 2022
Bench: R.Devdas
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WP No. 100471 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
WRIT PETITION NO. 100471 OF 2022 (GM-CC)
BETWEEN:
1. SRI. SHANTAVEERAYYA S/O FAKIRAYYA
HIREMATH, AGED ABOUT 80 YEARS
OCC. AGRICULTURE
R/O. ATTIGERI
TQ. SHIGGAON, DIST. HAVERI-581205
2. SRI. MAHESHWARAYYA S/O. SHANTAVEERAYYA
HIREMATH, AGED ABOUT 52 YEARS
OCC. AGRICULTURE
R/O. ATTIGERI
TQ. SHIGGAON, DIST. HAVERI-581205
3. SMT. SOUBHAGYA D/O. SHANTAVEERAYYA
HIREMATH, AGED ABOUT 50 YEARS
OCC. HOUSE HOLD WORK
R/O. ATTIGERI
TQ. SHIGGAON, DIST. HAVERI-581205
Digitally
signed by
VINAYAKA B V
VINAYAKA
BV
Location:
Dharwad
Date:
4. SRI. SHIVANANDAYYA S/O. SHANTAVEERAYYA
2022.06.25
13:00:40
+0530 HIREMATH, AGED ABOUT 45 YEARS
OCC. HOUSE HOLD WORK
R/O. ATTIGERI
TQ. SHIGGAON, DIST. HAVERI-581205
5. SRI. GADIGEYYA S/O. PALAKSHAYYA
HUNASIKATTIMATH,
AGED ABOUT 76 YEARS
OCC. AGRICULTURE
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WP No. 100471 of 2022
R/O. CHANDAPUR, TQ. SHIGGAON
DIST. HAVERI-581205
...PETITIONERS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
AND:
THE TAHASILDAR
SHIGGAON
TQ. SHIGGAON
DIST. HAVERI-581205
...RESPONDENT
(BY SRI. C. JAGADISH, SPL. GOVT. ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO
COMPLY WITH THE ORDER DATED 14-02-2018 BEARING
NO.JATI/APSR/121/16-17, SAVANUR PRODUCED AS
ANNEXURE-A PASSED BY THE ASSISTANT COMMISSIONER
AND PASS NECESSARY ORDERS AND FURTHER DIRECT THE
RESPONDENT TO ISSUE THE CASTE CERTIFICATE IN FAVOUR
OF THE PETITIONERS DECLARING THAT THE PETITIONERS
BELONG TO BEDA JANGAMA CASTE AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 100471 of 2022
ORDER
R.DEVDAS J., (ORAL):
The petitioners claim to be belonging to Beda
Jangamma caste, which is enumerated as a Scheduled
Caste under the Presidential Notification. Their application
made to the concerned Tahsildar at Shiggaon, was
rejected. Consequently, the petitioners approached the
Assistant Commissioner. When the Assistant
Commissioner also turn down the appeal, the petitioners
herein filed a petition in W.P.No.31262/2008. This Court
by order dated 12.01.2012 remanded the matter back to
the authority for fresh consideration. However, the
Tahsildar once again rejected the application by order
dated 28.04.2012. On appeal, the Assistant
Commissioner, once again remanded the matter back to
the Tahsildar by order dated 24.07.2013. In this manner,
the petitioners have been running from pillar to post to
secure a caste certificate. However, by the impugned
order dated 14.02.2018, the Assistant Commissioner has
once again remanded the matter back to the Tahsildar for
WP No. 100471 of 2022
fresh consideration, with a direction to follow the
provisions contained in the Karnataka Scheduled Castes,
Scheduled Tribes and Other Backward Classes
(Reservation of Appointments, etc.) Act, 1990 and
Amended Act, 2000. The petitioners are before this Court
seeking a writ of mandamus directing the respondent-
Tahsildar, Shiggaon to comply with the directions given by
the Assistant Commissioner and issue a caste certificate to
the petitioners.
2. Sri. C. Jagadish, learned Special Government
Advocate has drawn the attention of this Court to a
judgment of the Hon'ble Supreme Court in the case of
Prabhudev Mallikarjunaiah Vs. Ramachandra Veerappa
and Another, (1996) 4 SCC 431 and submits that the
Hon'ble Apex Court has held that under Item No.19 of the
Presidential Notification, in relation to the State of
Karnataka, Beda Jangamma or Budaga Jangamma are
declared as Scheduled Castes. Having framed a question
as to whether Veerashiva Lingayath community would be
WP No. 100471 of 2022
considered as Scheduled Caste (Beda Jangamma) within
the notification issued by the President; the Apex Court
proceeded to hold that the courts cannot give any
declaration that the status with synonymous names of
castes claimed by the party is conformable to the names
specified in the Presidential Notification issued under
Article 341 of the Constitution.
3. Nevertheless, the prayer made in this writ petition
is to direct the respondent-Tahsildar, Shiggaon to consider
the application made by the petitioners and confer a caste
certificate. As rightly submitted by the learned Special
Government Advocate, Sri.C.Jagadish, Tahsildar is
required to comply with the provisions contained in the
Act, 1990, and the Rules, 1992 and all subsequent
amended Acts and notifications issued by the State
Government in that regard. It is for the petitioners to
place all the relevant materials before the Tahsildar. The
Tahsildar is thereafter required to verify from the school
records, the place of birth of the petitioners and
WP No. 100471 of 2022
information is required to be collected from the neighbors
who have knowledge of the community to which the
petitioners belong. And after recording all such facts,
statements and collecting all relevant information, the
Tahsildar is required to pass necessary orders regarding
the social status of the petitioners. It is necessary to
notice, sub-section (5) of Section 4A of the Act provides
that the burden of proving that the candidate or his parent
or guardian belongs to Scheduled Castes, Scheduled
Tribes or other Backward Classes shall be on the applicant.
4. Consequently, the writ petition stands disposed
of with a direction to the respondent-Tahsildar, Shiggaon
to follow the requirement of law in the matter of issuance
of a caste certificate, as provided in the Act, 1990,
Amended Act, 2000 and the Rules, 1992. The entire
exercise shall be completed as expeditiously as possible
and at any rate within a period of three months from the
date of receipt of a certified copy of this order.
WP No. 100471 of 2022
Ordered accordingly.
SD
JUDGE
DL
