S. MOHAN, J. ( 1 ) THIS is rather a strange course adopted by the appellant without impleading the necessary party. The matter has been allowed to go on merrily, as a result of which, inspite of adverse order against writ petitioner, this appeal is before us and it is sought to be continued in the same fashion. ( 2 ) THE narration of the facts will disclose what we have in our mind. There was a dispute between the appellant and one Smt. Annapurna hongal as to whether the said Smt. Annapurna hongal belongs to scheduled caste while the appellant claimed that he belonged to scheduled caste. It is on the basis of the caste, tho dealership of the Indian oil corporation- the second respondent was to be confsrred. In order to have this dispute settled the appellant herein filed a suit in o. s. No. 646/1984 before the learned munsiff, belgaum. To that suit, Smt. Annapurna hongal and Indian oi! Corporation were defendants. The trial court was of the view that Smt. Annapurna hongal did belong to scheduled caste. Against this judgment and decree r. a. 159/87 was filed before the learned civil judge, belgaum. He confirmed the finding of the learned munsiff and dismissed the appeal. Whereupon, against these concurrent judgments and decrees, the appellant filed r. s. a. No. 501/1988. That was dismissed by this court by judgment dated 12-7-1988 on the ground that the learned judge found no substantial question of law arising for consideration in the appeal. However, he stated, at the end of the judgment that Mr. Raghaviah says that his client has taken steps to prosecute the defendant for impersonation and the matter has been referred to the civil rights enforcement cell. It may be open to the appellant to pursue that matter independently of the result of this appeal and the disposal of this appeal will not come in the way of the appellant pursuing his efforts to bring the defendant before the bar of Justice if that is necessary. Aggrieved by this observation, the matter was taken by the said Smt. Annapurna hongal to the Supreme Court in civil appeal No. 2592/1989. The Supreme Court directed notice to the appeilant as well as to indian oil corporation. Aggrieved by this observation, the matter was taken by the said Smt. Annapurna hongal to the Supreme Court in civil appeal No. 2592/1989. The Supreme Court directed notice to the appeilant as well as to indian oil corporation. Ultimately, the order was passed in the following terms :"the appeal above mentioned being called on for hearing before this court on the 1st day of may, 1989, upon perusing the record and hearing counsel for the parties herein, this court doth in disposing of the appeal order: (1) that the civil rights enforcement cell be and is hereby directed to consider the question before it in accordance with the directions of the Karnataka high court and while doing so, it will give weight to the findings recorded by the said court that the petitioner belongs to scheduled caste. " ( 3 ) WHAT was meant by this order is that Smt. Annapurna mongol's claim that she belongs to scheduled caste should be taken note of in any proceeding before the civil rights enforcement cell. Thereafter, the appellant herein sent a representation to the civil rights enforcement cell. Accordingly, the matter was taken up by the civil rights enforcement cell. The deputy inspector general of police, cid, cre cell, Bangalore, intimated the Indian oil corporation as follows : "one Sri ramachandrappa erappa kakkayyanawar of harijan had applied for Indian oil corporation dealership. A lady by name Smt. Annapurna hongal has also applied for the same, on the grounds that she was a harijan. On a reference from you, we made an enquiry and we have arrived at the conclusion that the said Smt. Annapurna hongal does not belong to scheduled caste. This matter has also been confirmed by the Hon'ble High Court of Karnataka in r. s. a. No. 501/1988 in their judgment dated 12-7-1988. Since Sri ramachandrappa erappa kakkayyanavar is a dhor (SC) by caste and he was the other applicant in the matter, you may kindly consider his case. We are taking criminal action against Smt. Annapurna hongal. " on coming to know of the said communication, the inspector general of police of the first respondent addressed a communication to the second respondent to the following effect on 3-10-1989. "dear Sri krishnamurthy, sjb : caste verification of Smt. Annapurna hongal. Please refer to the do letter No. Caste/1178/crec/bgm/88 dated 19-12-1988 of Shri Syed Abid all, dy. Inspector genera! " on coming to know of the said communication, the inspector general of police of the first respondent addressed a communication to the second respondent to the following effect on 3-10-1989. "dear Sri krishnamurthy, sjb : caste verification of Smt. Annapurna hongal. Please refer to the do letter No. Caste/1178/crec/bgm/88 dated 19-12-1988 of Shri Syed Abid all, dy. Inspector genera! Of police, civil rights enforcement cell addressed to you. ' in this connection the dy. Inspector general of police has mentioned that the high court has confirmed in rsa 501/88 in judgment dated 12-7-1988 that Smt. Annapurna hongal does not belong to scheduled caste. This statement is incorrect because the high court has decided the just the opposite of what the dy. Inspector general of police has stated. The relevant portion of the judgment is reproduced below :"upon considering all the evidence the munsiff held defendant No. 2 to be a member of the scheduled caste and not an ambiga as claimed by the plaintiff. On appeal that finding has been confirmed by the civil judge on a reappraisal of the evidence ron record. In these circumstances it becomes difficult for this court to redo a finding of fact on which there is concurrent conclusion of both the courts-below arrived at on a consideration of the totality of the evidence placed on record. "it is also seen from the file that the civil rights enforcement cell has started an enquiry on the petition dated 30-4-1988 of Sri ramachandrappa erappa kakkayannawar and not on a reference made by you. This type of enquiries on the request of the private persons are not normally conducted by the civil lights enforcement cell. An enquiry has been conducted and wrong information was provided to you causing injustice to Smt. Annapurna hongal and compelling her unnecessarily to go upto Supreme Court. The Supreme Court has decided that the civil rights enforcement cell should give weight to the findings recorded by the high court that Smt. Annapurna hongal belongs to a scheduled caste. We are not taking any criminal action against Smt. Annapurna hongal. Therefore, the earlier recommendation of the dy. ; inspector general of police that you may kindly consider the case of Sri ramachandrappa erappa kakkayyanawar for Indian oil dealership may be ignored. We are not taking any criminal action against Smt. Annapurna hongal. Therefore, the earlier recommendation of the dy. ; inspector general of police that you may kindly consider the case of Sri ramachandrappa erappa kakkayyanawar for Indian oil dealership may be ignored. " as a result of the above communication, the earlier criminal action sought to be taken against Smt. Annapurna hongal was no longer to be pursued and the letter containing the recommendation of the dy. Inspector general of police for the consideration of the case of the appellant for Indian oil dealership was to be ignored. This Annexure 'e' was challenged, before the learned single judge in W. P. No. 20580/1989, by the appellant. Our learned brother Justice swami, came to the conclusion that if the inspector general of police of the first respondent had withdrawn the earlier communication dated 19-12-1988, he cannot be held to have committed any error of law. Therefore, the learned judge dismissed the writ petition in limine. Hence, the appeal. ( 4 ) IT is argued as follows : (i) no suit for declaration of caste would have ever lain. (ii) even otherwise in so far as by communication dated 19-12-1988 it was held that Smt. Annapurna hongal did not belong to scheduled caste, that statement ought to prevail. These are two statements made before us ( 5 ) WHEN we put pointed question tothe learned counsel as to why Smt. Annapuma hongal has not been impleaded as ;i party to fhe writ petition and equally in this writ appeal, the answer is the communication that is sought to be challenged is not the one addressed to Smt. Annapurna hongal and therefore, there is no necessity to implead her. ( 6 ) CONCERNING this aspect of the matter, namely, impleading of Smt. Annapurna hongal, we have not the slightest hesitation in holding that the failure to implead her is fatal to the writ petition as well as the writ appeal. Any order resulting in quashing of this communication would undoubtedly affect her individually very adversely. Where, therefore, a party who is to be affected by an order of the court is not impleaded as a party, we hold the failure to implead such a person is fatal to the writ petition as well as writ appeal. Any order resulting in quashing of this communication would undoubtedly affect her individually very adversely. Where, therefore, a party who is to be affected by an order of the court is not impleaded as a party, we hold the failure to implead such a person is fatal to the writ petition as well as writ appeal. Normally, this conclusion of ours would be enough to dismiss the writ appeal, but having regard to the larger issues involved in this case, we do not propose to rest our conclusion on this alone. Therefore, we proceed to consider the merits as well. ( 7 ) THE earlier narration would clearly disclose as to how much a person who belongs to scheduled caste has to struggle even after 40 years of independence to establish the position as scheduled caste. Undoubtedly, the suit for declaration of caste in maintainable, more so when it carried with it certain small privileges leave alone the social stigma atta ched to a member belonging to the scheduled caste. It should also be remembered the person who filled the suit was none else than the very appellant. He sought to defeat the just claim of the said Smt. Annapurna hongal, by filing o s. No. 646/1984 before the munsiff, belgaum. Under those circumstances, we do not know how it couid be contended on behalf of the appellant that a suit would not he at all. ( 8 ) SMT. Annapurna had won battle after battle and ultimately she was sought to be scotched (but she was slain) by an observation by the learned single judge while disposing r. s. a. No. 501/1988. may be the counsel had pressed for this concession, that the right is yet to be decided by the civil rights enforcement cell and that it be left open, the learned judge granted that liberty. On that score it cannot be urged that all the findings had been washed ashore. They were very much there. Not only that Smt. Annapurna hongal had to approach the Supreme Court by way of civil appeal No. 2592/1989 and the Supreme Court came to her rescue by saying as and when the matter comes up before civil rights enforcement cell, it will give weight to the findings recorded by the high court that Smt. Annapurna hongal belongs to scheduled caste. Therefore, she not only won each of the battle and even the war. Thereafter, strangely, a communication dated 19-12-1988 was addressed by the deputy inspector general of police, cid, cre cell, to the effect that Smt. Annapurna hongal does not belong to scheduled caste. This discovery was made on an enquiry. It pauses our comprehension as to how the deputy inspector general of police came to this conclusion which is opposed to the facts, opposed to the findings of the court, opposed to the contests between the parties and even opposed to the decision of the highest court in the country. Therefore, we cannot but express surprise, at the same time, our sadness at the so-called enquiry made by the deputy inspector general of police. Fortunately, for Smt. Annapurna hongal, the matter did not come to an end with that. There was still a ray of hope and that ray of hope came by way of communication Annexure 'e' which was dated 3-10-1989 and which was sought to be quashed by the petitioner. It is refreshing and revealing to note that the inspector general of police would say thus :"it is also seen from the file that the civil rights enforcement cell has started an enquiry on the petition dated 30-6-88 of Sri ramachandrappa erappa kakkayanavar and not on a reference made by you. This type of enquiries on the request of the private persons are not normally conducted by the civil rights enforcement cell. An enquiry has been conducted and wrong information was provided to you causing injustice Smt. Annapurna hongal and compelling her unnecessarily to go upto Supreme Court. The Supreme Court has decided that the civil rights enforcement cell should give weight to the findings recorded by the high court that Smt. Annapurna hongal belongs to a scheduled caste. We are not taking any criminal action against smt, annapurna hongal. Therefore, the earlier recommendation of the deputy inspector general of police that you may kindly consider the case of Sri ramachandrappa erappa kakkayyanavar for Indian oil dealership may be ignored. "we are happy to note that there is still room for Justice to be done once again to Smt. Annapurna hongal at last she was able to get redressal at the right hands because of the just attitude adopted by the inspector general of police. "we are happy to note that there is still room for Justice to be done once again to Smt. Annapurna hongal at last she was able to get redressal at the right hands because of the just attitude adopted by the inspector general of police. In the light of this we do not know why no action has been taken against the deputy inspector general of police. We only wish to express our strong disapproval of the conduct of this deputy inspector general of police who requires to be dealt with in the manner in which he ought to be dealt with. That we leave to the government. ( 9 ) UNDER these circumstances where,as we have pointed out earlier, a person belonging to scheduled caste if she was driven from pillar to post, apart from the social disabi. ity and stigma she is undergoing, and if she has to establish what is obvious and what is sure, it is really difficult to comprehend as to why she should be driven to establish the same. Therefore, we are of the view that absolutely no exception could be taken to the order of the learned single judge and the writ appeal carries no merit whatever and it is hereby dismissed. Send a copy of this judgment immediately to the chief secretary to the government of karnataka, Bangalore. Sri s. r. nayak, govt. Advocate for r-1 is permitted to file his memo of appearance in two weeks. Writ appeal dismissed. --- *** --- .