Case Note & Summary
The petitioner, Smt Mallamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the orders dated 21.12.2015 and 03.12.2013 passed by the Deputy Commissioner and Assistant Commissioner, Vijayapura, respectively, which cancelled her caste certificate. The land bearing Sy. No.62/3 measuring 12 acres 6 guntas situated at Muthhaladinni village was granted to one Durgappa Shivappa Madar by the Land Tribunal under the Karnataka Land Reforms Act, 1961 on 8.7.1976. In a partition dated 3.9.1988, the land was allotted to the petitioner's husband, Shantappa Nandi. The petitioner claimed that she belongs to the 'Madar' caste, which is a Scheduled Caste, and obtained a caste certificate from the Tahsildar. However, the Assistant Commissioner, by order dated 03.12.2013, cancelled the certificate on the ground that the petitioner does not belong to the 'Madar' caste. The Deputy Commissioner upheld this order on appeal on 21.12.2015. The petitioner contended that both orders were passed without issuing any notice or affording an opportunity of hearing to her, in violation of the principles of natural justice and the provisions of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of) Act, 2000. The respondents argued that the orders were passed after due inquiry. The court examined the records and found that no notice was issued to the petitioner before the cancellation. The court held that the impugned orders were in gross violation of natural justice and the statutory provisions, and accordingly quashed them. The matter was remitted to the Assistant Commissioner for fresh consideration after giving the petitioner an opportunity of hearing. The court directed the petitioner to appear before the Assistant Commissioner on 25.09.2017.
Headnote
A) Caste Certificate - Cancellation - Natural Justice - Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of) Act, 2000, Sections 4A, 5, 8, 10 - The petitioner challenged the orders of the Assistant Commissioner and Deputy Commissioner cancelling her caste certificate without issuing any notice or affording an opportunity of hearing. The court held that the impugned orders are in gross violation of principles of natural justice and the provisions of the Act, and accordingly quashed them. (Paras 1-6) B) Caste Certificate - Cancellation - Opportunity of Hearing - Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of) Act, 2000, Sections 4A, 5, 8, 10 - The court observed that the Assistant Commissioner and Deputy Commissioner failed to follow the procedure under the Act, which mandates notice and hearing before cancellation. The orders were set aside and the matter remitted for fresh consideration after giving the petitioner an opportunity of hearing. (Paras 5-6)
Issue of Consideration
Whether the orders cancelling the caste certificate of the petitioner are sustainable in law when passed without affording an opportunity of hearing to the petitioner.
Final Decision
The writ petition is allowed. The impugned orders dated 21.12.2015 and 03.12.2013 are quashed. The matter is remitted to the Assistant Commissioner for fresh consideration after giving an opportunity of hearing to the petitioner. The petitioner is directed to appear before the Assistant Commissioner on 25.09.2017.
Law Points
- Natural justice
- Caste certificate cancellation
- Opportunity of hearing
- Karnataka Scheduled Castes
- Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of) Act
- 2000
- Section 4A
- Section 5
- Section 8
- Section 10
