Shanmukhaswamy S/o Siddaramaih S. G. v. State of Karnataka Vidhana Soudha
2019-04-23
ALOK ARADHE
body2019
DigiLaw.ai
ORDER : 1. The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the matters are heard finally. 2. In these writ petitions, petitioner, interalia,seeks for the following relief: “(a) Quashing AnnexureA undated, A1 undated, A2 undated, A3 dated 26.03.2018, A4 undated, A5 dated 26.03.2018, A6 dated 26.03.2018, A7 undated, A8 dated 12.04.2018, A9 dated 12.04.2018, A10 dated 12.04.2018, A11 dated 07.04.2018, A12 dated 07.03.2018, A13 dated 07.04.2018, A14 dated 26.03.2018, A15 undated (not visible) M A16 dated 07.04.2018, A17 dated 07.04.2018, A18 dated 07.04.2018, A19 dated 26.03.2018, A20 undated, A21 dated 26.03.2018, A22 dated 26.03.2018, A23 dated 26.03.2018, A24 undated, A25 dated 26.03.2018, A26 dated 26.10.2018, A27 dated 11.04.2018, A28 undated A29 dated 16.04.2018, A30 dated 16.04.2018, A31 dated 16.04.2018, A32 dated 06.09.2017. Annexure A TO A32 are orders passed by R6 and etc.” 3. When these matters were taken up today, learned counsel for the petitioners submits that petitioners belong to ‘Beda Jangama’ caste. It is further submitted that the petitioners filed applications for issuance of caste certificates before the Tahsildar. Thereupon, the Tahsildar by orders passed on different dates issued caste certificates to the petitioners. However, subsequently, by the impugned orders which have been referred to in the prayer clause of the petitions, the Tahsildar has cancelled the said caste certificates issued in favour of the petitioners. 4. Learned counsel for the petitioners submitted that the controversy involved in the instant writ petitions is squarely covered by the order dated 25.6.2015 passed by a Bench of this Court in Writ Petition No. 23414/2013. Learned counsel for the respondents was unable to dispute the aforesaid submission. 5. In view of the aforesaid submissions and for the reasons assigned by the Bench of this Court in the aforesaid order and taking into account the fact that after issuance of the caste certificate, the Tahsildar becomes functusofficio, therefore, he cannot exercise any authority to cancel the caste certificates issued in favour of the petitioners. 6. In the result, the impugned orders are accordingly quashed. It is needless to state that any person who is aggrieved shall be at liberty to file an appeal under Section 4B of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. 7. With the aforesaid direction, the petitions are disposed of.