PIL/379/2012 of M/s. Sarvadaliya Gau Raksha Manch Vs The government of Andhra Pradesh on 31 December 2012

Conclusion

THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSEAND

THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR

PUBLIC INTEREST LITIGATION NOS.371 & 379 OF 2012

Dt: 31-12-2012.

PIL.NO.371 OF 2012

Between:

VITHAL PARA PRABHULAL PATEL .. PETITIONER

AND

THE COMMISSIONER OF POLICE,HYDERABAD CITY, BASHEERBAGH X ROADS, HYDERABADAND OTHERS .. RESPONDENTS

THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSEANDTHE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR

PUBLIC INTEREST LITIGATION NOs.371 & 379 OF 2012

COMMON ORDER:(Per THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE)

With the consent of learned counsel appearing for the parties, these twowrit petitions filed under the Public Interest Litigation jurisdiction are beingdisposed of by this common order.

PIL.NO.371 of 2012 is filed by the writ petitioner praying to issue a Writof Mandamus declaring the inaction of the respondents in not taking care ofthe seized 302 cows, calfs, she buffaloes, bulls and oxen except dumpingthem in an open garbage dumping yard at Autonagar, Vanasthalipuram,Hyderabad without providing shelter, cattle feed, grass, water and medicalaid as illegal, arbitrary, violative of the provisions of A.P.Prohibitiion of CowSlaughter and Animal Preservation Act, 1977 and Prevention of Cruelty toAnimals Act, 1960 and violative of Article 51A (g) of the Constitution of Indiaand direct the respondents herein to take appropriate action forthwith to takecare of the innocent seized and remaining 299 cows, calfs, she buffaloes,bulls and oxen by shifting them to “Nandanavanam Complex”, Saroornagar,Hyderabad by providing cattle feed, grass, water and medical aid by makingnecessary provision in the said complex for placing the cattle feed and grassto eat comfortably by the animals, cows, calfs and installing water tubs atappropriate places in the said cattle sheds/ complex.

PIL.No.379 of 2012 is filed by the writ petitioner praying to issue a Writ of Mandamus to the respondents directing them:

i)to take necessary steps for registration of cases under theprovisions of the A.P.Prohibition of Cow Slaughter and AnimalPreservation Act, 1977 and also under the relevant provisions ofthe Prevention of Cruelty to Animals Act, 1960;

ii)to issue necessary proceedings to the Director of Prosecutions,Government of A.P., Hyderabad to give necessary instructions toall Public Prosecutors and Assistant Public Prosecutors of allcourts in the State of A.P. to oppose effectively the petitions filed forcustody of animals;

iii)to give instructions to the police authorities to make properinvestigations in the cases relating to cruelty on animals and to filecharge sheets at the earliest;

iv)

to direct the respondent No.5 to handover the cattle to theregistered Goshalas, which have been properly maintaining theanimals for over long periods of time since they have beenestablished.

Heard learned counsel appearing for the parties and perused thecounter affidavit filed by the 5[th] respondent-GHMC.

It is submitted by the learned Standing Counsel for the 5[th] respondent-GHMC that the 3[rd] respondent is having goshala’s in its control in the Stateincluding Hyderabad and Ranga Reddy District and that the 3[rd] respondent ishaving sufficient land at Mamidipalli village, Saroornagar Mandal forprotection and safe custody of cows and bulls including the shelter, cattlefeed, grass, water and medical aid. It is further submitted that there are 6Goshalas in Ranga Reddy District and 5 Goshalas in Hyderabad city underthe control of the 3[rd] respondent. It is further submitted by learned StandingCounsel for the 5[th] respondent-GHMC that Sri Sadguru Samarth NarayanaAshram and Sri Samartha Kamadhenu Goshala has submitted arepresentation to the Corporation on 1.11.2012 requesting to allow the said institution to adapt all the cattle in the custody of the Corporation.

institution to adapt all the cattle in the custody of the Corporation.

In view of the above, the Greater Hyderabad Municipal Corporation isdirected to consider the representation dated 1.11.2012 submitted by SriSadguru Samarth Narayana Ashram and Sri Samartha Kamadhenu Goshalaand also any other representations to be submitted by any other Goshalaswithin a period of two weeks from date. On receipt of such representations/applications, the GHMC is directed to take an undertaking from suchGoshalas for proper maintenance, protection and safety of the cattle, inaccordance with the provisions of law and then only GHMC shall takenecessary steps for handing over the cattle to such Goshalas. This exerciseshall be completed by the GHMC within a period of two weeks from the dateof receipt of such representations/applications from the Goshalas.

These Public Interest Litigations are disposed of on the above terms. Nocosts Dt: 31-12-2012.

( PINAKI CHANDRA GHOSE, HCJ )

TNB

( VILAS V.AFZULPURKAR, J )