SURYAKANTHA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner in this writ petition has challenged the order dated 23-1-2002 passed by the 2nd respondent in proceedings No. MSC. CR. 47/2001-02 vide Annexxire-G setting aside the order of the Tahsildar under which, the Tahsildar rejected the complaint tiled by the respondent 4 by refusing to recall the certificate issued earlier to the petitioner.

(2.) THE order passed by the Tahsildar has been questioned by the respondent 4 by way of an appeal before the Assistant Commissioner under Section 4-B of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc. } (Amendment) Act, 1997.

(3.) IN the instant case, the petitioner contested for election to the post of "councilor" to the Bangalore Mahanagara Palika from Ward No. 92 and got elected also. This election, I am told is the subject-matter of the election Petition No. 25 of 2001. In the meanwhile, the 4th respondent had approached the Tahsildar to recall the caste certificate issued to the petitioner. The said request has been turned down by the Tahsildar. As against this refusal to recall the caste certificate issued to petitioner, the 4th respondent has filed an appeal bearing No. MSC. CR. 47/2001-02. The Assistant Commissioner allowed the appeal and quashed the order of the Tahsildar issuing a caste certificate to the petitioner. This order, that has been questioned by the petitioner in this writ petition on the ground that the appeal before the Assistant Commissioner under the said enactment is not maintainable in law.