Karnataka High Court
Prasanna Kumar S V vs The Tahsildar on 28 May, 2013
Author: Mohan .M.Shantanagoudar
Bench: Mohan .M. Shantanagoudar
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28TH DAY OF MAY 2013
BEFORE
THE HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR
WRIT PETITION Nos.43534-43538 OF 2011 (GM- CC)
BETWEEN:
1. PRASANNA KUMAR S V
S/O.VENKATAPPA H S
AGED ABOUT 38 YEARS
R/AT.SURVINAMANE VILLAGE
BHARATHIKOPPA POST,
KASABA HOBLI, THIRTHAHALLI
TALUK SHIMOGA DISTRICT
2. PRAMILA S P
D/O.PRASANNA KUMAR S V
AGED ABOUT 14 YEARS
R/AT.SURVINAMANE VILLAGE
BHARATHIKOPPA POST,
KASABA HOBLI, THIRTHAHALLI
TALUK SHIMOGA DISTRICT, MINOR,
REP BY HER NATURAL GUARDIAN
FATHER PRASANNA
3. PRATHIMA S P
D/O.PRASANNA KUMAR S V
AGED ABOUT 14 YEARS
R/AT.SURVINAMANE VILLAGE
BHARATHIKOPPA POST,
KASABA HOBLI, THIRTHAHALLI
TALUK SHIMOGA DISTRICT, MINOR,
REP BY HER NATURAL GUARDIAN
FATHER PRASANNA
4. POOJA S P
D/O.PRASANNA KUMAR S V
AGED ABOUT 12 YEARS
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R/AT.SURVINAMANE VILLAGE
BHARATHIKOPPA POST,
KASABA HOBLI, THIRTHAHALLI
TALUK SHIMOGA DISTRICT, MINOR,
REP BY HER NATURAL GUARDIAN
FATHER PRASANNA
5. POORNIMA S P
D/O.PRASANNA KUMAR S V
AGED ABOUT 10 YEARS
R/AT.SURVINAMANE VILLAGE
BHARATHIKOPPA POST,
KASABA HOBLI, THIRTHAHALLI
TALUK SHIMOGA DISTRICT, MINOR,
REP BY HER NATURAL GUARDIAN
FATHER PRASANNA
... PETITIONERS
(BY SRI. K N MAHABALESHWARA RAO, ADVOCATE)
AND:
THE TAHSILDAR
THIRTHAHALLI TALUK
THIRTHAHALLI
SHIMOGA DISTRICT
... RESPONDENT
(BY SRI. VIJAYA KUMAR, GOVT., ADVOCATE)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
SET ASIDE ANNEX-N DTD.31.8.10, ANNEX-P DTD.31.8.10,
ANNEX-Q DTD.31.8.10, ANNEX-R DTD.31.8.10, ISSUED BY
THASILDAR, THIRTHAHALLI TALUK AND CONSEQUENTLY
DIRECT THE RESPONDENT TO ISSUE SHCEDULE CASTE
CERTIFICATE AS BHOVI IN TERMS OF THE ORDER OF THIS
COURT IN THE CASE OF DIVISIONAL COMMISSIONER,
BELGAUM DIVISION AND OTHERS V/S. BHOVI SAMAJA
SEVA SANGHA, SIRSI AND OTHERS REPORTED IN ILR 2004
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KAR PAGE 1584, IN THE INTEREST OF JUSTICE AND
EQUITY.
THESE WRIT PETITIONS COMING ON FOR ORDERS,
THIS DAY, COURT MADE THE FOLLOWING:
ORDER
The grievance of the petitioners is that they are not issued with a Schedule Caste Certificate though they belong to "Bhovi" community.
2. The records reveal that the petitioners were issued with certificates as per Annexures-N, P, Q and R to the effect that they come under BCA Category I - Bovi community. According to the petitioners the caste "Bovi" is synonymous to caste "Bhovi" in Malnad area and therefore they should have been issued with Schedule Caste Certificate. They rely upon the Division Bench judgment of this Court in the matter of The Divisional Commissioner, Belgaum Division and Others vs Bhovi Samaja Seva Sangha, Sirsi and Others reported in ILR 2003 KAR 1584 in support of their case. 4
3. It is not in dispute that the petitioners are belonging to "Bovi" community. In this view of the matter, the Tahsildar has passed orders as per Annexures-N, P, Q and R to the effect that the petitioners belong to Category-I "Bovi" Community. Meaning thereby Tahsildar has rejected the prayer of the petitioners for issuance of Schedule Caste Certificate in favour of the petitioners.
4. The question as to whether "Bovi" or "Bhovi" are synonymous with each other or not is fully covered by the Division Bench judgment of this Court in the aforesaid case reported in ILR 2003 KAR 1584. In the said judgment, Division Bench of this Court has held that the person belonging to "Bovi" shall be treated as "Bhovi" irrespective of the fact that the caste mentioned in the Certificate is "Bovi", "Boyi" or "Bhoi".
5. Since the facts of this case are covered by the judgment of the Division Bench of this Court mentioned supra, the same needs to be followed. Accordingly, following order is made.
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ORDER
1) The impugned endorsements as per Annexures-N, P, Q and R, dated 31.08.2010 stand quashed.
2) The respondent is directed to treat the petitioners as belonging to "Bhovi" community since "Bovi" is synonymous to "Bhovi" community. Necessary certificate may be issued to the petitioners accordingly as belonging to "Bhovi" community.
The writ petitions stand disposed of.
Sd/-
JUDGE PMR*