The Deputy Commissioner can annul a Caste Certificate under Section 4-F of the Act based on the evidence and procedural adherence, and it is a claimant's burden to establish entitlement to Caste status as prescribed by law.

JUDGMENT :

S. SUNIL DUTT YADAV, J.

This Judgment has been divided into the following Sections to facilitate analysis:

I. PRAYER SOUGHT

1. Writ Appeal No.200053/2024 filed by the State of Karnataka represented by its Secretary, Commissioner, Department of Social Welfare, Deputy Commissioner and District Election Officer, Assistant Commissioner, Bidar, Tahsildar, Bidar, District Social Welfare Officer, Bidar, Taluk Social Welfare Officer, Bidar and the Additional Director General of Police, Civil Rights Enforcement Directorate, seeking to set aside the Order dated 11.10.2023 passed by the learned Single Judge in Writ Petition No.201181/2023 and to dismiss Writ Petition No.201181/2023 as not maintainable.

2. Writ Appeal No.200162/2024 is filed by the Karnataka State Dalitha Sangharsha Samithi, Bidar, (hereinafter referred to as ‘KSDSS’), seeking to set aside the order dated 11.10.2023 passed by the learned Single Judge in Writ Petition No.201181/2023.

3. Writ Appeal Cross-Objection No.200001/2024 is filed by Sri Ravindra Swamy seeking to set aside the order passed in Writ Petition No.201181/2023 only insofar as it relates to remitting of the matter to the District Caste Verification Committee for fresh consideration in accordance with law.

II. BRIEF FACTS:-

4. In all these matters, the order passed in W.P. No.201181/2023 has been assailed on various grounds in multiple proceedings and accordingly, are taken up together for consideration.

5. By virtue of the order passed in W.P. No.201181/2023, the order dated 03.04.2023 of the Deputy Commissioner at Annexure-'Z13', [In W.A.No.20053/2024] was set aside.

6. The order passed by the Deputy Commissioner in Revision Petition vide CR 23/2019-20 dated 03.04.2023 had set aside the order of Tahsildar dated 23.08.2019 declaring Sri Ravindra Swamy to be eligible for issuance of Caste Certificate as belonging to Scheduled Caste category - 'Beda Jangama' while also setting aside the Caste Certificate dated 27.08.2019. The Tahsildar, vide order passed in CR 26/2018-19 dated 23.08.2019, had recorded a finding on the basis of the report of the Revenue Inspector that Sri Ravindra Swamy belonged to 'Beda Jangama' Caste, which proceedings was impugned before the Deputy Commissioner.

7. By virtue of the order of learned Single Judge in W.P.No.201181/2023, the order of the Tahsildar dated 23.08.2019 came to be upheld, thus, affirming the grant of Caste Certificate of 'Beda Jangama' (Scheduled Caste) to Sri Ravindra Swamy.

8. While the State entities