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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
M. Nagaprasanna
Sandil Kumar S., S/O Subramanya S. – Appellant
Versus
State Of Karnataka Represented By Its Secretary Department Of Urban Development – Respondent
ORDER :
M. Nagaprasanna, J.
The petitioner is before this Court calling in question an order dated 24-03-2022 passed by the 2nd respondent/Deputy Commissioner, Dharwad District cancelling the caste certificate issued in favour of the petitioner on 18-08-2021.
2. Heard Sri Arun L. Neelopant, learned counsel appearing for the petitioner, Sri Sharad V. Magadum, learned Additional Government Advocate appearing for respondents 1 to 4, Sri G.I. Gachchinamath, learned counsel appearing for respondent No.5, Sri V.M. Sheelvant, learned counsel appearing for respondent No.6 and Sri V.M. Banakar, learned counsel appearing for respondent No.7.
3. Facts, in brief, adumbrated are as follows:
The petitioner claims to be belonging to ‘Veerkudi Vellam’ caste which is depicted in Other Backward Class-A Category. On the said claim, the petitioner files an application before the jurisdictional Tahsildar for grant of caste certificate depicting him as belonging to the said caste. The petitioner is said to have produced all the documents in support of his claim for issuance of caste certificate. It is the averment in the petition, that the Tahsildar after verifying all the documents and following the procedu
Caste certificates must be challenged through statutory procedures, not writ petitions; disputes regarding caste status are to be resolved within the framework of the applicable legislation.
The Supreme Court clarified that election petitions challenging caste qualifications must prove allegations beyond a reasonable doubt, and a valid caste certificate remains presumptively valid unless....
The Assistant Commissioner lacks jurisdiction to hear appeals against the cancellation of caste certificates by the Tahsildar, as the Tahsildar's actions were merely implementing the Committee's orde....
The Caste Scrutiny Committee's determination of caste validity is exclusive and cannot be challenged in election petitions without clear evidence of fraud or error.
The court affirmed that a caste certificate must be issued by the local Tehsildar, and the validity of such certificates from other districts is not recognized.
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