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m Tm men com? or xamwram. BA1m£w
DATED THIS THE sax 13A¥o'i% JLrNL*~;,
BEFQRE %
THE HON'BLE MR.JUsTIcE:EAM L)10;I_{mNf'
WRIT PETITION %rag.1362%2;2a7;)?A.« (LB«-R%)%
BETWEEN
1 SMI'VENK&TARA'I?l\IA§ §
D/O NAR7AYAI3IAREDDY
AGED23 *
KOEGARAEELLI . .
B;;1~IGAR1=1«:*:'trA1,1;r; % ;
D1SPR'i(3fI';, " _ ...Prs:'rmoNER
(By Sri: As§zr3uK.!«11{RAi~i.5I-;.a§:;L1As\<3oc2ATEs, ADV. )
uwmwmmw
V _ "'m1e(;ARzéE'r TALUK,
" .._KO'iA_R rswrkzcr,
. 2 cémraissloistna
K{}L::':&R SUB mvlsiom,
.. KOLAR.
-ii')EP'UTY commssxome
KOLAR DiSTR!CI',
KOLAR.
A' 4 STATE 0:9 KARHATAKA
REPRESENFE9 BY ITS SECRETARY,
DEPARTMENT OF PANCHAYAT Rfilfifxk
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65 RURAL DEVELOPMENT,
M.s.BU:Lmm,
BANGALORE 1. A
5 Sm' VIBHA @ KALAVATI.
w/0 SUDARSHAN Rana?-._%
AGED 33 YEARS, "
R'/AT CHAMANAHALLI V}LL'A£}E--,.._»
KAMASAMUDRAM' 5031;; -A
BANGARPET TALU--K,f V
KOLAR DISTRICT, ;'..._._RF§SP(3;NDENS
(By Sri: RAMESEEA B;--ANhf!APPA§%IAVAR,V.AGfi'P'0R R1-4;
Sri. M.NARA'EAN&~REDDY1F0R'R~5)' '
THIS 1x(R:T,pETrrzQr~:%i%MA3=f1LED 'moan ARTICLES 226
AND 227..o,;;' 1?;-I}3.""1»E;(.J_PiS'I'I'--'l_'U'!'i*a';'i'sl..vi')I5' INDIA PRAYING To
ISSUE A warm)? 'cER'rM_)RAR--; & QUASH THE ORDER-
DATED 5.4.20o?%%.A4 * _PASSED' BY THE R2--ASS'I'.
COMMISSIONER'vIm;:.AN2;;A;V~'ETc.,
THIS vV'RI'1' Pl?}'E'I'l'1'»OiVI"'C0!\dING on FOR PRELIMINARY
HEAR:-:Nc.~.{B-GRCJUP) THIS BAY, THE COURT MADE THE
- .p§oL;;(3w;n;c;:.. A
_ . . _ ., _ 9...P...J...E;_.R
respondent-Tahsildar having issued a
‘caste c:z:ft§ficatc to the respondent when called in
by the pefifioner, resulted in
V’ by issue of notice culminating in an order
Idated 25.1.2007 Annexurc~I-I, recording a finding that,
the Tahsildar did not have the power to cancel, modify,
J
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confirm or withdraw the caste K
accordingly. forwarded the to
Commissioner, who in refcI’feo”~«tl1e to ~’
Asst. Commissioner. It ‘Asst.
Commissioner by in
goat elaborafioo Karnataka
Scheduled (Reservation of
Apponatmezii, Act, M3130 held that he had
no issued by the
Tahsildai’. ._Henoe,. fiefition.
. ” is oooeidcrable force in the submission
for the petitioner that the
_Ta11ei.1da1j* issued the Caste certificate was the
oiitiiofity, who could either rescind, cancel,
confirm or modify the said cetfificate, but
0:113; after extending a reasonable opportunity of hearing
” A’ to the person in whose flavour the certificate was issued.
The Tahsildar apparently, not in the know how of his
.4.
jurisdiction, in relation to the Caste _
favour of the 5*’! respondent, ouglifi to have ii * V.
advise of the Deputy Commi»ssion§é1′,Aii:.s:taati»’.c;f ‘V
his mind and passing on the
Tahsildar, passed on i’-3h0i1’VlV(‘2A1A(‘.’I”‘ii1g the
responsibility the The Asst.
Commissioner; A of vi Fransildar and
informing to consider the
complaiiiitsv oeiiificams issued by him,
and pafias oxjdersi’ uxuwssarily dilated on
provisions (if were not applicable to the
the Tahsildar, While passing
regard to the admitted flats, there mi:
H K 3:19 dispute that it is for the Tahsildar who
caste certificate in favour of the 5th mspondmt to
T address the pe1′:itiomr’s complaint over the said
A. certificate and pms orders thereon. i “ii
E
-5.
In the result, this writ petifion is _
The Order dated 5.4.2007 »
Commissioner, is quashed and ‘V *’
to the 1st: respondent to V
orders on the pefifion:§§”.$._
with {aw in any event the date of ‘
I I
receipt of a of
307/1’
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