Sri Ganesh Naika v. The State by

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8754 OF 2026 (GM-CC) BETWEEN:

SRI GANESH NAIKA S/O LATE ESHWAR NAIKA, AGED ABOUT 46 YEARS, R/AT: KOLALI, YADAMOGE VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT, 576282.

…PETITIONER (BY SRI. RAJESH RAO K., ADVOCATE)

AND:

THE STATE BY DEPUTY COMMISSIONER, AND PRESIDENT, CASTE REVIEW/MONITORING, COMMITTEE, UDUPI DISTRICT, REP BY SPP HIGH COURT OF KARNATAKA, BENGALURU-560001.

…RESPONDENT (BY SRI. C. JAGADISH., ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS PETITION AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 01/01/2026 PASSED BY THE RESPONDENT VIDE ANNEXURE-G IN, SAM.UNISAKAEU.S-4 CR-16.2025-26 WHEREIN THE CASTE CERTIFICATE OF THE LATE MR. ISHWAR NAYAKA DATED 25.10.2015 WAS CANCELLED AND ETC.

by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

¶1The Petitioner is before this Court seeking for the following reliefs: a). To allow this petition and issue a Writ of CERTIORARI or any other appropriate writ, order, or direction, quashing the Impugned Order dated: 01/01/2026 passed by the Respondent Vide Annexure-G: in, SAM.UNISAKAEU.S-4 CR-16.2025-26 wherein the Caste Certificate of the late Mr. Ishwar Nayaka dated 25.10.2015 was cancelled. b). To direct the Respondent to restore the validity of the Caste Certificate in the name of the late Mr. Ishwar Nayaka, or in the alternative, remand the matter back to the appropriate authority for a fresh inquiry after providing a fair opportunity to the Legal heirs of the deceased. c). To pass any such order or relief that, this Honourable Court deems fit in the interest of justice and equity.

¶2The submission of the learned counsel for the Petitioner is that the impugned order dated

01.01.2026 at Annexure-C has been passed without issuance of a notice to the Petitioner. Inasmuch as notice was issued to his father, which had been

returned with an endorsement that the father had expired by the postal Department. Thereafter, the legal heirs like the Petitioner were not brought on record. The respondent proceeded to pass the impugned order.

¶3The said submission of the learned counsel for the Petitioner is borne out by the records inasmuch as the notice issued to the father of the petitioner has been returned with the endorsement 'dead'. It was therefore required for the respondent to have brought the legal heirs on record. Without doing so, the caste certificate of the father has been cancelled, resulting in an adverse impact on the Petitioner. There being a complete violation of the principles of natural justice, I pass the following: ORDER

i) Writ petition is allowed.

ii) The impugned order dated 01.01.2026 at Annexure-C, is set aside. The matter is

remitted to the respondent for fresh consideration.

iii) The Petitioner shall appear before the respondent without the requirement of any notice and submit all the documents and his say in the matter on or before 30.07.2026.

iv) The respondent is directed to consider the said objection and pass necessary orders by following due procedure in accordance with law.

Sd/- (SURAJ GOVINDARAJ) JUDGE

KTY List No.: 1 Sl No.: 35