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2022 DIGILAW 751 (KAR)

Lakshmi Venkateshwara Kallu v. State of Karnataka

2022-06-16

ASHOK S.KINAGI, RITU RAJ AWASTHI

body2022
ORDER 1. This Public Interest Litigation has been filed seeking the following reliefs: "a) issue a writ of Mandamus Directing the Respondent to consider the representations of the petitioner Dated 9-05-2022 at Annexure-Q, Annexure-R, Annexure-S, Annexure-T, Annexure-V and for referring the matter to conduct any enquiry to find out the social and economic status and the traditional work carried out by the Bhovi community in Survey No.75 of Meesaganahalli village in accordance with law. b) issue any other writ, order or direction as this Honble Court deems fit and proper under the facts and circumstances of this case in the interest of Justice and equity." 2. Learned counsel for the petitioner submits that the people belonging to Bhovi (Scheduled Caste) community from Meesaganahalli village, Karahalli Grama Panchayath, Kundana Hobli, Bengaluru Rural District, are involved in traditional stone cutting work from time immemorial. They have been doing the work of stone crushing in Sy.No.75 to an extent of 28 acres which belongs to the State Government. It is submitted that the State Government shall protect the people belonging to Bhovi community who are involved in traditional stone cutting work which is meant for building construction. 3. Learned Additional Government Advocate, on the other hand, submits that quarry lease or licence is required for doing such work on the Government land. Unless quarry lease or licence is granted, nobody can be allowed to involve themselves in stone cutting work. 4. Be that as it may, since the matter relates to the people belonging to a particular community, i.e., Bhovi community, we feel it appropriate that the State Government may consider their grievance and take appropriate decision in accordance with law. 5. The writ petition, as such, is disposed of at this stage with liberty to the petitioner to raise their grievance by way of a representation before respondent No.1 within a period of ten days from today. In case any such representation is made by the petitioner, it is directed that respondent No.1, i.e., the Secretary, Department of Mines and Geology, Bengaluru, shall consider and decide the same in accordance with law expeditiously. The decision so taken shall be communicated to the petitioner.