BALAKRISHNA, J. ( 1 ) THE attack of the petitioner is on the finding of the Special Deputy Commissioner who is respondent No. 3 herein that the original grantee belonged to a caste called "shillikyatha". ( 2 ) THE learned Counsel for the petitioner brought to my notice a sale deed as well as the grant application of the year 1956, which make it abundantly clear through the recitals that the original grantee belonged to "bunde bestha" community. He also pointed out that the Counsel for the respondent had admitted before the Deputy Commissioner that the original grantee is a member of "burude bestha" community and not "bunde Bestha" community. According to the learned Counsel for the petitioner irrespective of the question whether the original grantee belonged to "burude Bestha" or "bunde Bestha" community, in any event, they do not fall into the category of either Scheduled Caste or scheduled Tribe. ( 3 ) I have looked into the impugned order of the Deputy Commissioner. Inspite of the admission made by the learned Counsel for the respondent, the Deputy Commissioner has observed as follows:- "the Karnataka Backward Class commission Report, 1975, by L. C3. Havanoor, also mentions a caste by name "bundc Bestha" but there is no caste by name "burude Bestha" in the backward class or backward Tribe category. There are no synonyms to "bunde Bestha" as "burude Bestha". The documents relied upon by the appellant counsel specify the caste of the respondent as "burude bestha". Hence the respondent cannot be a person belonging to "bunde Bestha" community. ( 4 ) HAVING given a finding that the respondent docs not belong to "bunde Bestha" community, the only alternative open to the deputy Commissioner was to classify the respondent as one belonging to "burude Bestha" community and admittedly "burude bestha" community does not fall within the category of either Scheduled Caste or scheduled Tribe. However, the Deputy commissioner has sprung a surprise by suddenly reaching the finding that ihe original grantee belonged to the denomination of "shillikyatha" community. This is on the basis of an alleged certificate issued by the tahsildar, Shimoga, dated 12-10-1979. I do not see any basis for the assumption that the original grantee does not belong to either "bunde Bestha" or "burude Bestha" community, but belongs only to "shillikyatha" community. On the face of it, the finding of the Deputy Commissioner seems to be perverse. I do not see any basis for the assumption that the original grantee does not belong to either "bunde Bestha" or "burude Bestha" community, but belongs only to "shillikyatha" community. On the face of it, the finding of the Deputy Commissioner seems to be perverse. When clear documentary evidence not impeached before the Deputy Commis- sioner have been produced by the petitioner in support of his contention that the original grantee belonged to "burude Bestha" community, strangely the Deputy Commissioner has negatived the contention and reached a different conclusion altogether contrary to evidence of the grantee himself because the sale deed was executed by the grantee and the application also was made by the grantee describing himself as belonging to "burude bestha" community. In these circumstances, to give preference to the certificate of the tahsildar does not stand to reason. Whether it is "burude Bestha" or "bunde Bestha", it is inconsequential since none of them belong to the classification of Scheduled Caste or scheduled Tribe. ( 5 ) THE order of the Assistant Commissioner also betrays lack of due consideration for documentary evidence which stares in the face. The sad part of it is that as pointed out by the learned Counsel for the petitioner, the assistant Commissioner does not seem to have taken pains to consider and give a finding on the question whether the original grantee belonged either to Scheduled Caste or Scheduled Tribe. Hence, the order of the assistant Commissioner also deserves to be quashed. ( 6 ) IN the result, for the above reasons, the writ petition is allowed and the impugned orders of both the Assistant Commissioner and the Deputy Commissioner are quashed. Writ Petition allowed. --- *** --- .