Telangana High Court
WP/26505/2005 of A.P. Jeeva Raksha Sangam (Regd.) Vs The Chief Secretary, Govt of Andhra Pradesh, on 23 December 2005
SINGHVI, THE CHIEF JUSTICE AND HONOURABLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.26505 OF 2005 Between: A.P.Jeeva Raksha Sangam (Regd.), R.Agraharam, Guntur, rep. by its Secretary & Others. .. PETITIONERS AND The Chief Secretary, Government of Andhra Pradesh & Another. ..
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Conclusion
HONOURABLE SRI G.S. SINGHVI, THE CHIEF JUSTICE
AND
HONOURABLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.26505 OF 2005
Between:
A.P.Jeeva Raksha Sangam (Regd.), R.Agraharam, Guntur, rep. by itsSecretary & Others.
.. PETITIONERS
AND
The Chief Secretary, Government of Andhra Pradesh & Another.
.. Respondents
:: ORDER ::
Counsel for the Petitioners : Sri Shyam S.Agrawal, appeared onbehalf of Smt. Jayasree Sarathy.Counsel for the Respondents : GP FOR HOME.
rd 23December, 2005
Per G.S. Singhvi, CJ
The petitioner-association has invoked the jurisdiction of thisCourt under Article 226 of the Constitution of India for ordering therespondents to take steps to curb slaughter of Cows and Calves atleast for 15 days preceding Bakri-eid festival falling on 11.01.2006.Another prayer made in the writ petition is for directingrespondents to install check posts at entry points in towns andvillages for prevention of entry of Cows and Calves into the cattleshandies, market committees in the entire State for a period of 15days preceding Bakri-eid, by giving due publicity through audio andvisual means and distribution of pamphlets.
In the affidavit filed in support of the writ petition, it has beenaverred that even though the legislature has enacted A.P. CowSlaughter Prohibition and Animal Preservation Act, 1977(hereinafter referred to as ‘the 1977 Act’), the Executive apparatusof the State has failed to take steps to check slaughter of Cowsand Calves. According to the deponent, the number of Cows andCalves slaughtered in violation of the provisions of the 1977 Actsubstantially increases just before the festival of Bakri-eid and theofficers concerned have failed to prevent the blatant violation ofthe mandate of law.
In the counter affidavit filed by Director General and Inspector General of Police, it has been averred that the Policeauthorities have been taking all steps for enforcing the provisionsof the 1977 Act. Along with the affidavit, copies of the circularsissued from time to time for taking preventive measures againstthe slaughtering of Cows and Calves have been annexed.
We have heard learned counsel for the parties and perusedthe affidavits filed on behalf of the petitioner and the respondentsand have also gone through the circular orders issued by theGovernment and the departmental authorities for enforcing theprovisions of the 1977 Act.
In our opinion, the general allegations made by the petitionerthat the administration is lax in enforcing the provisions of the 1977Act just before the Bakri-eid festival, cannot be accepted and nogeneral direction can be given by the Court for taking extra stepsfor enforcing the provisions of the 1977 Act. In our view, theauthorities concerned are duty-bound to take steps forenforcement of the 1977 Act in its true spirit, de hors any particularfestival. However, in order to ensure that the people are madeaware about the prohibition contained in the 1977 Act, thedepartment should publish the contents of circulars issued fromtime to time once at least in three months. Such publication bemade in two leading newspapers one in vernacular and one inEnglish.
With the above directions, the writ petition is disposed of.
G.S. SINGHVI, CJ
ajr/vtv
R. SUBHASH REDDY, J