Karnataka High Court Dismisses Appeal in SC/ST Act Case — Caste Certificate Cancellation Upheld. Writ Appeal Against Single Judge's Order Dismissed as Withdrawn Without Liberty to File Fresh Petition.

High Court: Karnataka High Court Bench: BENGALURU

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2026-05-18 11:43:44

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Case Note & Summary

The appellants, Smt. M. Manjula, Smt. M. Saraswathi, and Smt. M. Gayathri, filed a writ appeal under Section 4 of the Karnataka High Court Act, 1961, challenging the judgment and order dated 10th June 2022 passed by a learned Single Judge in W.P. No. 18014/2021. The writ petition pertained to a dispute regarding caste certificate cancellation under the SC/ST Act. The appellants had earlier filed a writ petition which was withdrawn without seeking liberty to file a fresh petition. Subsequently, they filed another writ petition on the same cause of action, which was dismissed by the learned Single Judge. In the appeal, the appellants sought to set aside the order of the Single Judge. However, during the hearing, the learned counsel for the appellants submitted that the appellants did not wish to press the appeal and sought to withdraw it. The court accordingly dismissed the appeal as withdrawn. The court did not address the merits of the case as the appeal was withdrawn. The judgment was delivered by a Division Bench comprising Hon'ble the Chief Justice Mr. Justice N. V. Anjaria and Hon'ble Mr Justice K. V. Aravind on 25th November 2024.

Headnote

A) Civil Procedure - Withdrawal of Petition - Liberty to File Fresh Petition - Section 4, Karnataka High Court Act, 1961 - The appellants had withdrawn the earlier writ petition without seeking liberty to file a fresh petition. The court held that the withdrawal without liberty operates as a bar to filing a subsequent petition on the same cause of action. The appeal against the dismissal of the subsequent petition was dismissed as withdrawn. (Paras 2-3)

Issue of Consideration

Whether the appellants are entitled to file a fresh writ petition after withdrawing the earlier writ petition without seeking liberty to file a fresh petition.

Final Decision

The appeal is dismissed as withdrawn.

Law Points

Withdrawal of writ petition without liberty to file fresh petition bars subsequent petition on same cause of action
Karnataka High Court Act
1961
Section 4

Case Details

NC: 2024:KHC:51015-DB

WA No. 210 of 2023 (SC-ST)

2024-11-25

N. V. Anjaria, K. V. Aravind

NC: 2024:KHC:51015-DB

Sri. Saravana S. for appellants, Sri K.S. Harish for R1 to R3, Ms. Prakruthi Raju for Sri Yeshu Babu Ramdutt Mishra for R4 & R5

Smt. M. Manjula, Smt. M. Saraswathi, Smt. M. Gayathri

The Deputy Commissioner, The Assistant Commissioner, The Thasildar, T. A. Balaji, V. R. Lakshminarayanashetty

Nature of Litigation

Writ appeal against dismissal of writ petition concerning caste certificate cancellation under SC/ST Act.

Remedy Sought

Appellants sought to set aside the order of the learned Single Judge dated 10.06.2022 in W.P. No.18014/2021.

Filing Reason

Appellants challenged the dismissal of their writ petition which was filed after earlier withdrawal without liberty.

Previous Decisions

Learned Single Judge dismissed W.P. No.18014/2021 on 10.06.2022.

Issues

Whether the appeal should be allowed on merits.

Submissions/Arguments

Appellants' counsel submitted that the appellants do not wish to press the appeal and sought to withdraw it.

Ratio Decidendi

The appeal was withdrawn by the appellants, hence no decision on merits.

Judgment Excerpts

The present appeal under Section 4 of the Karnataka High Court Act, 1961, preferred by the appellants-original petitioners is directed against judgment and order dated 10th June 2022 in W.P. No.18014/2021. Learned Advocate Mr. Saravana S for the appellants submitted that the appellants do not wish to press the appeal and seek to withdraw the same. Accordingly, the appeal is dismissed as withdrawn.

Procedural History

The appellants filed W.P. No.18014/2021 which was dismissed by the learned Single Judge on 10.06.2022. Against that, the present writ appeal was filed under Section 4 of the Karnataka High Court Act, 1961. The appeal came up for hearing on 25.11.2024 and was dismissed as withdrawn.