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Judgment
Biren Vaishnav, J
Rule. Mr. Rohan Shah, learned Assistant Government Pleader waives service of notice of Rule for the respondent – State.
Heard Mr. D. S. Gadhvi, learned counsel for the petitioner and Mr. Rohan Shah, learned Assistant Government Pleader for the respondent-State.
The prayer in this petition is that the respondent No.2 – Collector, Kutch District be directed to give permission to hold Bullock Cart Race in fair of Hajipir Mela organized at Sherdi on 05.03.2023, Taluka Mandvi, District Kutch.
The facts in brief would indicate that it is the case of the petitioner that he is resident of village Sherdi, Taluka Mandvi, District Kutch and the Chairman of Mela Samiti of Nana Hajipir Mela. The fair is organized every year in the month of March symbolizing Hindu Muslim unity. The fair is to be set up on 05.03.2023. Citing Article 29(1) of the Constitution of India, it is the case of the petitioner that a citizen residing in the territory of India has a distinct language, script or culture and has right to conserve the same. The Bullock Cart Race has been held for over the years but for the interruption in the years 2020 and 2021 as a result of Covid, applications have been made to the Collector for deciding the same.
Mr. Gadhavi, learned counsel for the petitioner would rely on an order passed by the Karnataka High Court at Bengaluru in Writ Petition No.10530/2021 dated 01.09.2021 wherein a writ of mandamus was prayed for for a direction to grant permission to conduct Bullock Cart Race in Mandya District and the Division Bench of the Karnataka High Court in para 10 observed as under:
“10. The Hon’ble Supreme Court, while granting permission to conduct bullock / bullock cart races in the State of Maharashtra, has laid down certain parameters. The parameters imposed by the Hon’ble Supreme Court in the case of bullock / bullock cart race are required to be enforced in the State of Karnataka also. Therefore, this Court is of the opinion that the State of Karnataka can certainly accord permission for holding bullock cart races subject to the aforesaid terms and conditions which have been laid down by the Hon’ble Supreme Court in the case of Shivajirao Adhalrao Patil v. State of Maharashtra, which was the case clubbed along with Jallikattu’s case (Supra), no further orders are required as the said conditions already in existence under the statutory provisions in the State of Karnataka for grant of permission for holding the bullock cart race. The State of Karnataka shall certainly be free to accord permission in accordance with keeping in view of the order passed by the Hon’ble Supreme Court.”
Needless to say that this is a question that can be decided by the Collector, District Kutch – respondent No.2 herein in accordance with law. This Court, in a petition under Article 226 of the Constitution of India will not consider this issue at present.
The respondent No.2 is directed to take a decision in accordance with law within a period of two weeks from the date of receipt of copy of this order. The decision shall be taken by the respondent No.2 latest by 22.02.2023.
The petition stands disposed of with the above directions with no order as to costs. Rule is made absolute to the aforesaid extent.
However, it is made clear that this Court has not entered into the merits of the matter.
Direct Service, today, is permitted.