BASAVARAJU Vs. TAHSILDAR

JUDGEMENT

(1.) The petitioners have approached this court invoking the jurisdiction of this court under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the respondent to release their caste certificate in the Government computer/site pursuant to the order dtd. 6/6/2019 vide Annexure- A passed by the respondent.

(2.) It is the case of the petitioners that they belong to Beda-Jangama caste and they had applied for a caste certificate and considering the said application after holding an enquiry, the respondent herein had passed an order on 6/6/2019 vide Annexure-A holding that the petitioners belong to Beda-Jangama caste and accordingly, caste certificate could be issued to them. Subsequently, the respondent initiated proceedings to review his own order and the said proceedings was questioned by the petitioners in W.P.No.223688/2020 and the Co-ordinate Bench of this court vide order dtd. 29/1/2021 as per Annexure-B has allowed the said writ petition and the subsequent proceedings/order dtd. 6/7/2019 passed by the respondent was quashed on the ground that he had no power to review his own order. The said order is said to have attained finality. The petitioners thereafterwards hav filed a representation to the respondent seeking issuance of the caste certificate pursuant to the order dtd. 6/6/2019 vide Annexure-A, which is passed by the respondent. However, the respondent has not issued the caste certificate and therefore, the petitioners are before this court.

(3.) Learned counsel for the petitioners submits that the respondent/Tahsidlar having passed an order as per Annexure-A wherein he has held that the petitioners belong to Beda-Jangama caste is not justified in not releasing the caste certificate in favour of the petitioners.