Karnataka High Court

Vaijinath Mathre And Anr vs The State Of Karnatka And Ors on 2 July, 2024

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                                                         WA No. 200044 of 2023




                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                               DATED THIS THE 2ND DAY OF JULY, 2024

                                              PRESENT

                             THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                                                AND
                               THE HON'BLE MR. JUSTICE RAJESH RAI K

                             WRIT APPEAL NO.200044 OF 2023 (GM-CC)

                      BETWEEN:

                      1.   SRI. VAIJINATH METHRE
                           S/O NARASAPPA METHRE,
                           AGE: 64 YEARS,
                           OCC: RETIRED GOVT. SERVANT,
                           R/O H.NO.19-1-98/2,
                           NEAR MATA MANIKESHWARI COLLEGE,
                           NEW ADARSH COLONY, BIDAR,
                           TQ. AND DISTRICT: BIDAR - 585 401.

                      2.   SMT.PREETHI METHRE
Digitally signed by
BASALINGAPPA               W/O PRAVEEN KUMAR M,
SHIVARAJ
DHUTTARGAON                AGE: 29 YEARS, OCC: HOUSEWIFE,
Location: HIGH             R/O H.NO.19-1-98/2,
COURT OF
KARNATAKA                  NEAR MATA MANIKESHWARI COLLEGE,
                           NEW ADARSHA COLONY, BIDAR
                           TQ. AND DIST. BIDAR 585 401.
                           NOW AT NEAR FST, RAICHUR ROAD,
                           MANVI, TQ. MANVI,
                           DISTRICT: RAICHUR -584 123.
                                                                  ...APPELLANTS

                      (BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
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                                     WA No. 200044 of 2023




AND:

1.   THE STATE OF KARNATAKA
     BY ITS SECRETARY,
     DEPARTMENT OF REVENUE,
     M.S BUILDING,
     BENGALURU -560 001.

2.   THE DEPUTY COMMISSIONER
     BIDAR, DISTRICT: BIDAR -585 401.

3.   THE DISTRICT CASTE VERIFICATION COMMITTEE
     BIDAR, DISTRICT: BIDAR -585 401
     REPRESENTED BY ITS CHAIRMAN.

4.   THE DEPUTY COMMISSIONER
     RAICHUR,
     DISTRICT: RAICHUR- 584 101.

5.   THE TAHASILDAR
     AURAD, TQ. AURAD,
     DISTRICT: BIDAR -585 326.

6.   THE TAHASILDAR
     MANVI, TQ. MANVI,
     DISTRICT: RAICHUR-584 123.

7.   SRI. RANGA REDDY
     S/O NOT KINOWN,
     AGED ABOUT 44 YEARS,
     OCC: LEGAL PRACTITIONER,
     R/O BALLATAGI VILLAGE, MANVI,
     TQ. MANVI,
     DISTRICT: RAICHUR - 584 123.

8.   SRI. N. RAGUVEER NAYAK
     S/O N. C. RAMANNA,
     AGED ABOUT 42 YEARS,
     OCC: AGRICULTURE,
     R/O 10-5-6 MAKTAL PET, RAICHUR,
     TQ. AND DISTRICT: RAICHUR -584 101.
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                                     WA No. 200044 of 2023




9.   THE DISTRICT SCHEDULED TRIBES
     WELFARE OFFICER, BIDAR,
     DISTRICT: BIDAR -585 401.

                                         ...RESPONDENTS
(BY SRI. JAGADISH, ADVOCATE FOR R1 TO R6 AND R9;
     SRI. GURUBASAVA NAYAK AND
     SRI. PUNITH MARKAL, ADVOCATES FOR C/R7 AND R8)

     THIS WRIT APPEALIS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT
APPEAL AND SET-ASIDE THE ORDER REFUSING INTERIM
RELIEF DATED 13.04.2023, PASSED IN WP NO.201220/2023
(GM-CC), BY LEARNED SINGLE JUDGE OF THIS HON'BLE
COURT, IN THE INTEREST OF JUSTICE AND EQUITY. SUCH
FURTHER ORDER OTHER RELIEFS BE GRANTED TO THE
APPELLANTS TO WHICH THEY WOULD BE FOUND ENTITLED TO
ON THE FACTS AND CIRCUMSTANCES OF THE CASE.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY
ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:


                        JUDGMENT

This Writ Appeal is filed challenging the order dated

13.04.2023 passed in W.P.No.201220/2023 wherein the

learned Single Judge declined to grant interim order. This

Court vide order dated 19.04.2023 passed the following

Order:

"The learned counsel Sri C. Jagadish accepts notice for respondent Nos.1 to 6 and 9.

Learned counsel Sri Gurubasava C. Nayak accepts notice for respondent Nos.7 and 8.

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The appellants were the petitioners before the learned Single Judge and had called in question the correctness of the order at Annexures-P & Q of the writ petition dated 03.04.2023 and 05.04.2023 and had sought for a direction to respondent Nos.2 and 5 to restore the caste certificate of the petitioners under Schedule Tribes category.

The parties are referred to as per their ranks in the writ petition for the purpose of convenience.

In the aforesaid writ petition while attacking the validity of the orders at Annexures-P & Q, (Annexures as referred to in writ petition) the petitioners had sought for interim relief and the said interim relief was rejected by the learned Single Judge by virtue of which the orders at Annexures-P & Q remain in operation and accordingly in the light of such grievance, present appeal has been filed.

Learned Senior Counsel appearing for the petitioners after addressing arguments submits that for the present keeping open other contentions, it must be noticed that there has been violation of principles of natural justice. It is pointed out that the impugned order makes a

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reference that notice was issued and proceedings were held on 24.03.2023 and 27.03.2023.

It is the contention of the counsel for the petitioners that they were not present on either of the dates as stated in the first paragraph of the impugned order at Annexure-P. It is further submitted that there was no sufficient opportunity insofar as the 2nd respondent is concerned as well, since the notice even as per the State was served by WhatsApp on 28.03.2023. Such service of notice by WhatsApp is however disputed. It is submitted that the 1st appellant by letter dated 29.03.2023 had sought for an adjournment and despite such requests made proceedings have hurriedly concluded. It must be noticed that memo for production of documents has been filed by counsel for the petitioners and they have produced copy of the corrigendum order of the Deputy Commissioner in which it is stated that the date 27.03.2023 found in the order should be read as 28.03.2023.

Perused the order sheet of the proceedings before the Deputy Commissioner. It is to be noticed that proceedings have started on 21.01.2018 and have gathered in pace only in the year 2023. A bare perusal of the order sheet at

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page Nos.10 to 14 would show insertions in the order sheet, corrections in the date of hearing which is evident to the plain eye.

It is also not in dispute that the notice was issued to the 2nd respondent only by WhatsApp on 28.03.2023 and it is noticed that the order of the Deputy Commissioner has been passed on 03.04.2023. The contents of the order indicate that hearing is completed on 27.03.2023 which is now sought to be corrected as 28.03.2023. The effort to correct the date of hearing gives rise to misgivings. If the notice to respondent No.2 was issued on 28.03.2023 even as per the respondents, if hearing is concluded on the same date as per the State, clearly there was no sufficient opportunity to appellant No.2. The principles of natural justice cannot be mere principle on paper and quasi judicial authorities are required to adhere to the same in letter and spirit. Accordingly, the ground is made out to grant the interim prayer sought for. Accordingly, there would be an interim order of stay of the order at Annexure-P dated 03.04.2023 and Annexure-Q dated 05.04.2023 and all consequential orders passed by the respondent authorities thereto.

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It is clarified that the parties are at liberty to move for disposal of the main matter before the learned Single Judge and the pendency of the writ appeal would not come in the way of such motion, if made before the learned Single Judge."

2. The Co-ordinate Bench of this Court has already

granted interim order and the same is continued till today.

If the interim order is granted till the disposal of the main

matter pending before the learned Single Judge, no

injustice would cause to the respondents.

3. In view of the same, interim order granted on

19.04.2023 is continued till the disposal of the Writ

Petition in W.P.No.201220/2023. Accordingly, the writ

appeal is disposed of.

Sd/-

JUDGE

Sd/-