LAWS(KAR)-2024-4-52

NITYANAND VINAYAK BAADKER Vs. STATE OF KARNATAKA

Decided On April 19, 2024
Nityanand Vinayak Baadker Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Aggrieved by the order dtd. 18/11/2014 passed by respondent No.4 vide Annexure-H, order dtd. 30/1/2015 passed by respondent No.3 vide Annexure-J & the order dtd. 25/2/2016 passed by respondent No.2 vide Annexure-K, the petitioner has preferred this writ petition.

(2.) The case of the petitioner is that, he belongs to Bandi Community and the said Community is notified as Scheduled Caste under Article 341 of the Constitution of India. That a caste certificate was granted to him in this regard by respondent No.4 - Tahsildar. However, subsequently, an enquiry has been conducted and erroneously the same has been cancelled. It is further submitted that the order of cancellation passed by respondent No.4 has been upheld by respondent No.3 - the Assistant Commissioner and subsequently by respondent No.2 - the Deputy Commissioner and aggrieved by the same, the present writ petition is filed.

(3.) The petitioner has relied upon the School Leaving Certificate (Annexure-A to the writ petition); Transfer Certificate issued by the Education Department of the Karnataka State (Annexure-B to the writ petition); Caste Certificate of his father issued by the jurisdictional Tahsildar (Annexure-C to the writ petition) and his own Caste Certificate issued by respondent No.4 (Annexure-D to the writ petition) and submits that he belongs to Bandi Community and for no reason, the impugned orders are passed considering him to be belonging to Baandhi Community and because of it he is not being considered as a person belonging to Scheduled Caste Community.