Karnataka High Court
Sri. Ningappa Chandrappa Barker vs The State Of Karnataka on 24 July, 2024
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NC: 2024:KHC-D:10455
WP No. 107622 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 107622 OF 2017 (GM-CC)
BETWEEN:
1. SRI. NINGAPPA CHANDRAPPA BARKER
AGE: 50 YEARS,
OCC: AGRICULUTE,
R/O: BATAKURKI,
TALUK: RAMDURG,
DIST: BELAGAVI.
2. SMT.PARVATEVVA CHANDRAPPA BARKER
AGE: 70 YEARS,
OCC: HOUSEHOLD WORK,
R/O: BATAKURKI,
TALUK: RAMDURG,
DIST: BELAGAVI.
3. SMT. NINGAWWA SHANKREPPA TALWAR
AGE: 55 YEARS,
OCC: HOUSEHOLD,
R/O: BATAKURKI,
TALUK: RAMDURG,
DIST: BELAGAVI.
Digitally signed by
ASHPAK
KASHIMSA
MALAGALADINNI 4. SMT.RUKMAWWA W/O SURESH MUNDAGANUR
Location: High
Court of AGE: 45 YEARS,
Karnataka
OCC: HOUSEHOLD,
R/O: BATAKURKI,
TALUK: RAMDURG,
DIST: BELAGAVI.
5. SMT.SHANTAWWA W/O POLAPPA @ MALAPPA JAINAPUR
AGE: 43 YEARS,
OCC: HOUSEHOLD,
R/O: BATAKURKI,
TALUK: RAMDURG,
DIST: BELAGAVI.
...PETITIONERS
(BY SRI. H M DHARIGOND.,ADVOCATE)
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NC: 2024:KHC-D:10455
WP No. 107622 of 2017
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY UNDER SECRETARY,
DEPARTMENT OF SOCIAL WELFARE,
M.S. BUILDING,
BENGALURU.
2. THE DEPUTY COMMISSIONER AND THE CHAIRMAN
DISTRICT LEVEL CASTE VERIFICATION COMMITTEE,
BELAGAVI DISTRICT BELAGAVI.
3. THE POLICE COMMISSIONER,
DISTRICT CIVIL RIGHT ENFORCEMENT, BELAGAVI
DISTRICT: BELAGAVI.
4. THE POLICE DEPUTY COMMISSIONER
DISTRICT CIVIL RIGHT ENFORCEMENT, BAGALKOT
DISTRICT: BAGALKOT
5. THE TAHASILDAR
RAMDURG TALUK RAMDURG
DISTRICT: BELAGAVI
6. THE DISTRICT MANAGER
KARNATAKA MAHARSHI VALMIKI SCHEDULED TRIBES
DEVELOPMENT CORPORATION BELAGAVI
DISTRICT: BELAGAVI
...RESPONDENTS
(BY SRI. .,ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER
DATED:23.06.2014 PASSED BY THE SECOND RESPONDENT UNDER
NO.GCK/JA/C.PRA/CR/ 2014-15/11033 VIDE ANNEXURE-G AND TO QUASH
POLICE NOTICE DATED:02.04.2017 ISSUED BY THE 4TH RESPONDENT
UNDER NO.530/NAHAJANI/BGK/2017 VIDE ANNEXURE-H IN SO FAR
PETITIONERS ARE CONCERNED.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:10455
WP No. 107622 of 2017
ORDER
The captioned writ petition is filed assailing the order dated
23.06.2014 passed by respondent No.2/Committee.
The preliminary ground on which the order under challenge
assailed is that only the Chairman has signed the order while
members have not signed and therefore, the order under challenge
vitiates.
2. Learned counsel for the petitioners has placed reliance
on the judgment rendered by Co-ordinate Bench of this Court in
W.P.No.112131/2014, where the issue is dealt and decided.
Perused the Judgment rendered by the Co-ordinate Bench of this
Court.
3. This Court having noticed that, order is only signed by
the Chairman and member secretary, was of the view that the
order is not sustainable and in peculiar facts of the case, the Co-
ordinate Bench of this Court was not inclined to relegate petitioners
to avail a remedy of an appeal. In the present case, the order is not
signed by all the members. The same stands vitiated in the light of
principles laid down by Co-ordinate Bench and therefore matter
requires reconsideration at the hands of respondent
NC: 2024:KHC-D:10455
No.2/Committee. For the foregoing reasons, this Court passes the
following:
ORDER
i) Writ petition is allowed.
ii) The impugned order dated 23.06.2014 passed
by respondent No.2 as per Annexure-G and the
notice dated 02.05.2017 issued by respondent
No.4 as per Annexure-H are quashed.
iii) Since, parties are represented by respective
counsels, they are directed to appear before
respondent No.2/Committee on 13.08.2024.
iv) Respondent No.2 shall offer opportunity to the
petitioners and after securing all relevant
documents, shall pass appropriate orders in
accordance with law.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
AM
