RAMACHANDRAPPA ERAPPA KAKKAYANAVAR Vs. CIVIL RIGHTS ENFORCEMENT CELL

JUDGEMENT

(1.) this is rather a strange course adopted by the appellant without impleading the necessary party. The matter has been allowed to go on merrily, as a result of which, inspite of adverse order against writ petitioner, this appeal is before us and it is sought to be continued in the same fashion.

(2.) the narration of the facts will disclose what we have in our mind. There was a dispute between the appellant and one Smt. Annapurna hongal as to whether the said Smt. Annapurna hongal belongs to scheduled caste while the appellant claimed that he belonged to scheduled caste. It is on the basis of the caste, tho dealership of the Indian oil corporation- the second respondent was to be confsrred. In order to have this dispute settled the appellant herein filed a suit in o.s. No. 646/1984 before the learned munsiff, belgaum. To that suit, Smt. Annapurna hongal and Indian oi! Corporation were defendants. The trial court was of the view that Smt. Annapurna hongal did belong to scheduled caste. Against this judgment and decree r.a. 159/87 was filed before the learned civil judge, belgaum. He confirmed the finding of the learned munsiff and dismissed the appeal. Whereupon, against these concurrent judgments and decrees, the appellant filed r.s.a. No. 501/1988. That was dismissed by this court by judgment dated 12-7-1988 on the ground that the learned judge found no substantial question of law arising for consideration in the appeal. However, he stated, at the end of the judgment that Mr. Raghaviah says that his client has taken steps to prosecute the defendant for impersonation and the matter has been referred to the civil rights enforcement cell. It may be open to the appellant to pursue that matter independently of the result of this appeal and the disposal of this appeal will not come in the way of the appellant pursuing his efforts to bring the defendant before the bar of Justice if that is necessary. Aggrieved by this observation, the matter was taken by the said Smt. Annapurna hongal to the Supreme Court in civil appeal No. 2592/1989. The Supreme Court directed notice to the appeilant as well as to indian oil corporation. Ultimately, the order was passed in the following terms :

(3.) what was meant by this order is that Smt. Annapurna mongol's claim that she belongs to scheduled caste should be taken note of in any proceeding before the civil rights enforcement cell. Thereafter, the appellant herein sent a representation to the civil rights enforcement cell. Accordingly, the matter was taken up by the civil rights enforcement cell. The deputy inspector general of police, cid, cre cell, Bangalore, intimated the Indian oil corporation as follows : "one Sri ramachandrappa erappa kakkayyanawar of harijan had applied for Indian oil corporation dealership. A lady by name Smt. Annapurna hongal has also applied for the same, on the grounds that she was a harijan. On a reference from you, we made an enquiry and we have arrived at the conclusion that the said Smt. Annapurna hongal does not belong to scheduled caste. This matter has also been confirmed by the Hon'ble High Court of Karnataka in r.s.a. No. 501/1988 in their judgment dated 12-7-1988. Since Sri ramachandrappa erappa kakkayyanavar is a dhor (SC) by caste and he was the other applicant in the matter, you may kindly consider his case. We are taking criminal action against Smt. Annapurna hongal." on coming to know of the said communication, the inspector general of police of the first respondent addressed a communication to the second respondent to the following effect on 3-10-1989. "dear Sri krishnamurthy, sjb : caste verification of Smt. Annapurna hongal. Please refer to the do letter No. Caste/1178/crec/bgm/88 dated 19-12-1988 of Shri Syed Abid all, dy. Inspector genera! Of police, civil rights enforcement cell addressed to you.' in this connection the dy. Inspector general of police has mentioned that the high court has confirmed in rsa 501/88 in judgment dated 12-7-1988 that Smt. Annapurna hongal does not belong to scheduled caste. This statement is incorrect because the high court has decided the just the opposite of what the dy. Inspector general of police has stated. The relevant portion of the judgment is reproduced below :