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2023 Supreme(Online)(Kar) 32419
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2023 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 2726 OF 2013 (GM-CC)
C/W WRIT PETITION NO. 2971 OF 2013 (GM-CC)
IN WP NO.2726/2013 BETWEEN:
1. SMT. YAMUNA W/O SRI THARANATHJI AGED ABOUT 55 YEARS NEW MANGALORE PORT TRUST MANGALORE 574001 …PETITIONER (BY SRI. SUYOG HERALE E.,ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER MANGALORE SUB DIVISION MANGALORE 574001 Digitally signed by 2. THE TAHSILDAR NIRMALADEVI Location: HI GH MANGALORE TALUK COURT OF TALUK OFFICE KARNATAKA MANGALORE 574001
3 NEW MANGALORE PORT TRUST PANAMBUR MANGALORE 575010 REP BY ITS SECRETARY …RESPONDENTS (BY SRI. C JAGADISH, SPL GOVT ADVOCATE FOR R1 & R2 SRI RAYAPPA Y HADAHALI, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASSH THE ORDER DATED
13.11.2008 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A AND ALSO THE ORDER DATED 4.12.2012 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-B AND ETC.
IN WP NO.2971/2013 BETWEEN:
1. SRI VASANTHA AGED ABOUT 53 YEARS, S/O KRISHNA NAIK, JUNIOR ASSISTANT ESTATE SECTION, CIVIL ENGINEERING DEPT.
NEW MANGALORE PORT TRUST.
MANGALORE 574001 …PETITIONER (BY SRI. NATARAJ BALLAL ., ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER MANGALORE DIVISION, MANGALORE 574001. 2. THE TASHILDAR MANGALORE TALUK, TALUK OFFICE, MANGALORE 574001.
3. NEW MANGALORE PORT TRUST PANAMBUR MANGALORE 575010 REP BY ITS SECRETARY …RESPONDENTS (BY SRI. C JAGADISH, SPL. GOVT ADVOCATE FOR R1 & R2 SRI. RAYAPPA Y HADAHALI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.13.11.08 PASSED BY THE R2, VIDE ANN-A & ORDER DT.4.12.12 PASSED BY THE R1, VIDE ANN-B AND ETC.
THESE PETITIONS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Writ Petition No.2726/2013 is filed seeking for the following reliefs:
(a) call for the records on the file of the Respondents; (b) issue a writ of CERTIORAI quashing the order dated 13.11.2008 passed by the Respondent no. 2 in proceeding No.CST/CR/89/08-09 (Annexure-A) and also the order dated 04/12/2012 passed by the Respondent no. 1 in appeal no.M.S.C:CR:79/08-09(Annexure-B);
(c) pass such other order or orders as this Hon'ble Authority deems fit in the facts and circumstances of the case in the interest of justice and equity.
2. Writ Petition No.2971/2013 is filed seeking for the following reliefs:
(a) call for the records on the file of the Respondents;
(b) issue a writ of CERTIORAI quashing the order dated 13.11.2008 passed by the Respondent no. 2 in proceeding No. CST/CR/95/08-09 (Annexure-A) and also the order dated 04/12/2012 passed by the Respondent no. 1 in appeal no.M.S.C:CR:76/08-09(Annexure-B);
(c) pass such other order or orders as this Hon'ble Authority deems fit in the facts and circumstances of the case in the interest of justice and equity.
3. Heard the learned Counsel for the Petitioners and the learned Counsel for the Respondents.
4. Since common questions arise for consideration, both the Writ Petitions are being disposed off by this common order.
5. Facts in W.P.No.2726/2013:
5.1 It is the case of the Petitioner that she belongs to Marati community and was issued with a Caste Certificate dated 11.7.1997 by the Tahsildar - Respondent No.2. Subsequently, the Petitioner was appointed to the New Mangalore Port Trust, Mangalore as a workmate. By order dated 15.12.1997 the Committee, after notifying the Petitioner held that she did not belong to Schedule Tribe. Being aggrieved, the Petitioner filed an Appeal before the Divisional Commissioner, which was allowed and the matter was remanded to the Committee for fresh consideration. After remand, the Committee once again held that the Petitioner did not belong to Marati Caste and held that she belongs to Vysya Konkani Caste and directed the Tahsildar - Respondent No.2 to withdraw the Caste Certificate. Being aggrieved, the Petitioner challenged the said order before the Director and Appellate Authority, Directorate of Schedule Tribe Welfare, Bangalore, which was dismissed by order dated 29.8.2005. Being aggrieved, the Petitioner filed WP.No.8983/2006, which was allowed by order dated 26.8.2008.
5.2 Thereafter, the Tahsildar - Respondent No.2 issued notice dated 10.10.2008 directing the Petitioner to appear and produce documents to substantiate that the Petitioner belongs to Marati Community, consequent to which, the Petitioner filed her reply. Thereafter, vide order dated 13.11.2008 the Tahsildar - Respondent No.2 cancelled the Caste Certificate issued in favour of the Petitioner. Being aggrieved, the Petitioner preferred an appeal before the Assistant Commissioner - Respondent No.1, which appeal was dismissed vide order dated 4.12.2012. Challenging the said orders dated
13.11.2008 and 4.12.2012, the present Writ Petition is filed.
6. Facts in WP.No.2971/2013:
6.1 The Petitioner in the present Writ Petition belongs to Marati Community and was issued with a Caste Certificate dated 28.8.1982 after due enquiry by the Tahsildar -
Respondent No.2, who is the competent authority. Thereafter, he was appointed on 21.5.1983 at the New Mangalore Port Trust, Mangalore, initially as a workmate.
6.2 The District Caste Verification Committee (hereinafter referred to as 'Committee') called upon the Petitioner to prove his caste and by order dated 15.12.1997 held that he did not belong to Schedule Tribe. Being aggrieved, the Petitioner filed an Appeal before the Divisional Commissioner, which was allowed on 7.9.1999 and the matter was remanded to the Committee for fresh consideration. After remand, the Committee vide its order dated 19.11.2000 once again held that the Petitioner did not belong to Marati caste and held that he belongs to Vysya Konkani caste and directed the Tahsildar to w
