WRIT PETITION 100117 of 2025 on 11 April 2002

ORAL ORDER

The petitioners have approached this Court, seeking issuance of writ in the nature of Certiorari to quash the order passed by respondent No.2 dated 15.09.2022, produced as per Annexure-H.

2. Heard Sri S.R.Hegde, P.K.Sanningammanavar, S.S.Hegde and Beeresh M. Kuntageri, learned counsels for the petitioners and Sri. P.N.Hatti, learned High Court Government Pleader for respondent Nos.1 to 4. Perused the materials on record.

3. It is the contention of the petitioners that, petitioner No.1 is the grandfather of petitioner No.2. They belong to ‘Bhoyi’ community which comes under Scheduled Caste. The said fact is disputed by the learned High Court Government Pleader, stating that the caste ‘Bhoyi’ falls under Category I and it is not a Scheduled Caste. He places reliance on the Gazette Notification dated 11.04.2002 in support of his contention, that it is only ‘Bhovi’ which falls under Scheduled Caste category, but ‘Bovi’ or ‘Bhoyi’ falls under Category I and therefore, the petitioners are not entitled for the relief.

4. Learned counsel for the petitioners places reliance on the decision of this Court in Bhovi Samaja Seva Sangah, Sirsi and Others Vs. The Divisional Commissioner, Belgaum Division and Others[1] where similar question was raised before the Co-ordinate Bench of this Court, and the writ petition came to be allowed. The said order was challenged by the Divisional Commissioner, Belgaum before the Division 1 W.P.Nos.36702-18/2000 dated 30.08.2001

Bench of this Court while confirming the order of the learned Single Judge directed the respondents to treat the petitioners as belonging to “Bhovi” community falling under Scheduled Caste irrespective of the caste mentioned in their certificates as “Bovi”, “Boyi”, “Bhoi”, and held that the Caste Verification Committee has no jurisdiction to inquire into the matter.

5. Even according to the learned High Court Government Pleader the order of the Division Bench of this Court was challenged before the Hon’ble Apex Court and, it came to be dismissed on the ground of inordinate delay in challenging the same. So, for all practical purposes the fact remains that, the order of the learned Single Judge was confirmed by the Division Bench of this Court, and the order of the Division Bench has attained finality. Under such circumstances, I do not find any reason to reject the prayer granted under similar petition in Bhovi Samaja Seva Sangha (supra)tothe petitioners. In view of the above, the writ petition is liable to be allowed. Accordingly, I proceed to pass the following:

ORDER

(i) The petition is allowed.

(ii) The impugned order dated 15.09.2022 in No.MAG4/CR 245/2021-22 passed by respondent No.2-Deputy Commissioner, Dharwad vide Annexure-H, is quashed.

Sd/- (M.G.UMA) JUDGE

MKM CT:ANB List No.: 2 Sl No.: 1