Sri T K Loknath v. The Commissioner and Appellate Authority

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 10292 OF 2018 (GM-CC) BETWEEN:

SRI. T.K. LOKNATH S/O T.R. KANNAPPA NAIK AGED ABOUT 67 YEARS OCC: NIL R/O RICHES RESIDENCY NO.410 N.R.I.LAYOUT, 11TH STAGE 6TH A CROSS, KALKERA HORAMAVU POST BENGALURU-560 113 …PETITIONER (BY SRI. JAGADISH S. HALASHETTI, ADVOCATE) AND:

¶1THE COMMISSIONER AND APPELLATE AUTHORITY SOCIAL WELFARE DEPARTMENT, M.S.BUILDING BENGALURU-560 001

¶2THE CHAIRMAN AND DEPUTY COMMISSIONER DISTRICT CASTE VERIFICATION COMMITTEE, DAVANAGERE DISTRICT DAVANAGERE-577 001

3. THE DEPUTY DIRECTOR AND MEMBER SECRETARY

by SUMA B N Location: HIGH COURT OF KARNATAKA

DISTRICT CASTE VERIFICATION COMMITTEE DAVANAGERE DISTRICT DAVANAGERE-577 001

¶4THE ADDITIOANL DIRECTOR GENERAL OF POLICE CRE CELL, BENGALURU-560 001

¶5THE SUPERINTENDENT OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT CELL DAVANAGERE-577 001

¶6THE TAHSIDLAR DAVANAGERE TALUK DAVANAGERE-577 001 …RESPONDENTS (BY SRI. SRINIVAS KUMAR, HCGP FOR R1, R4 TO R6; SRI. C. JAGADEESH, ADVOCATE FOR R2 AND R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT.5.2.2018 IN APPEAL NO.CR06/2017-18 PASED BY THE RESPONDENT NO.1 PRODUCED AS ANNEXURE-E AND THE ORDER DT.6.4.2017 PASSED BY THE RESPONDENT NO.2 PRODUCED AS ANNEXURE-D.

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

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

¶1Petitioner who was issued with a caste certificate by the Tahsildar on 18.09.1975 certifying him to be belonging to "Lambani caste", had obtained employment based on the said caste certificate, as Assistant Director of Fisheries, Grade II, on 20.09.1975.

¶2The petitioner had put in three decades of service. However, by an Order dated 22.09.2004, District Caste Verification Committee (DCVC) the respondent No.2 wrongly held that the petitioner belong to Chettier Caste. Against the said order the petitioner preferred an appeal No. CR:16/06-2007 before respondent No.1-Commissioner, which by Order dated 02.04.2011 remanded the matter to the respondent No.2-DCVC. Respondent No.2-DCVC without giving an opportunity to the petitioner by order dated 10.01.2014 held that the petitioner did not belong to Lambani Caste. Against the said order, petitioner preferred an appeal in CR:7/2014-2015 before respondent No.1-Commissioner, who allowed the said appeal and remanded the matter to respondent No.2-DCVC with a direction to petitioner to appear on 14.02.2017. However, on 14.02.2017 matter

were not taken up. Thereafter, by order dated 06.04.2017 it was again held the petitioner did not belong to Lambani community but was belonging to Chettier community. Against said order petitioner preferred an appeal before the respondent No.1-Commissioner in Appeal No.CR:06/2017-2018. That the respondent No.1-Commissioner without considering the case of the petitioner by order dated

05.02.2018 dismissed the appeal. The said order was passed based on the report from the CRE Cell who have not investigated the matter regarding the caste of the father of the petitioner.

¶3Learned counsel for the petitioner further submits that for the reasons beyond his control, petitioner could not present his case before the respondent No.2-DCVC upon remand. He submits that 'Naicker community' is also part of 'Lambani community' and that given an opportunity he will justify the same through production records.

¶4Heard and perused the records.

¶5The Order dated 06.04.2017 passed by the respondent No.2-DCVC produced at Annexure-D indicate that the same

is passed based on the report of the Deputy Superintendent of Police, CRE Cell. Petitioner herein had not appeared before the respondent No.2-DCVC despite service of notice and had not placed his case before it. Though an appeal has been filed by the petitioner in Appeal No.CR:06/2017-2018, the respondent No.1-Commissioner had also declined to accept the case of the petitioner that 'Naicker community' also form part of the 'Lambani community'.

¶6Admittedly the petitioner has put in 30 years of service based on the said caste certificate till his dismissal. Since the petitioner has not represented/appeared before the respondent No.2-DCVC apparently for the reason of he having been dismissed from his service, and in the light of petitioner having put in 30 years of service before his dismissal, this Court under circumstances deems it appropriate to provide another opportunity to justify his claim before the respondent No.2-DCVC.

¶7Accordingly, following:

ORDER

(i) Petition is allowed.

(ii) Impugned order dated 05.02.2018 in Appeal No. CR:06/2017-18 passed by the respondent No.1-Commissioner as per Annexure-E is hereby quashed.

(iii) Petitioner shall appear before the respondent No.2-DCVC on 17.08.2026 without any further notice.

(iv) Petitioner is at liberty to submit his objections/additional documents, if any, which shall be considered by the respondent No.2-DCVC and thereafter respondent No.2-DCVC shall pass appropriate order in accordance with law.

Sd/- (M.G.S. KAMAL) JUDGE

RL List No.: 1 Sl No.: 19