Uttarakhand High Court
Gauri Maulekhi vs State Of Uttarakhand & Others on 16 March, 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
16TH MARCH, 2026
WRIT PETITION (PIL) NO. 79 OF 2022
Gauri Maulekhi ......Petitioner.
Versus
State of Uttarakhand & others ....Respondents.
Counsel for the Petitioner : Mr. Dharmendra Barthwal, learned
counsel and Ms. Gauri Maulekhi,
petitioner in-person.
Counsel for the State : Mr. Gajendra Tripathi, learned Standing
Counsel.
Counsel for the Respondent No.5 : Mr. Ravi Bisht, learned counsel holding
brief of Mr. Aditya Pratap Singh,
learned counsel.
Counsel for Respondent No.7 : Mr. B.S. Negi, learned counsel.
Counsel for Respondent No.8 : Mr. Yogesh Kumar Pacholia, learned
counsel.
With
WRIT PETITION (PIL) NO. 105 OF 2023
Counsel for the Petitioner : None.
Counsel for the State : Mr. Gajendra Tripathi, learned Standing
Counsel.
Counsel for the UTDB : Mr. Sandeep Kothari, learned counsel.
Counsel for Respondent No.5 : Mr. Himanshu Joshi, learned counsel
holding brief of Mr. Prashant Khanna,
learned counsel.
ORDER:(per Mr. Manoj Kumar Gupta, C.J.) Miscellaneous Application (IA No.17 of 2025)
1. Heard Ms. Gauri Maulekhi, petitioner in-person, learned State Counsel and learned counsel for the respondents.
2. The application is for constitution of a Committee 1 to oversee the implementation of various directions issued by this Court in the present PIL on 10.08.2023.
3. By our previous order dated 25.02.2026, we gave time to learned Chief Standing Counsel to seek instructions as regards the suggestion made by the petitioner for constitution of the Committee. Learned State Counsel has placed on record a supplementary counter- affidavit, sworn by Under Secretary, Animal Husbandry, Uttarakhand Government, Dehradun and therein it is stated that the State Government is agreeable to the suggestion of the petitioner for constitution of a Committee. In Paragraph No.4 of the affidavit, the constitution of the proposed Committee has been suggested as follows:-
• "Commissioner, Garhwal Division- Chairman • District Magistrate- Rudraprayag • District Magistrate- Chamoli • District Magistrate- Uttarkashi • Additional Director Animal Husbandry Garhwal Region • Chief Veterinary Officer- Rudraprayag • Chief Veterinary Officer- Chamoli • Chief Veterinary Officer- Uttarkashi • Apar Mukhya Adhikari Zila Panchayat- Rudraprayag • Apar Mukhya Adhikari Zila Panchayat- Chamoli • Apar Mukhya Adhikari Zila Panchayat- Uttarkashi."
4. The petitioner in-person submits that a State Level Officer may also be included in the Committee so that, certain acts which are required to be done at State Level, are done in an effective manner without delay. By 2 way of illustration, it is submitted that in respect of scheduled diseases, notification under Section 6 of the Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009 (for short hereinafter referred to as "the Act"), has to be issued by the State Government. In equine, influenza and glanders are scheduled diseases. However, last year, as no officer of the State Government was actively involved in the supervision and holding of the Yatras, therefore, the notification was not issued. It is, thus, suggested that an officer of the State Level be also included.
5. In respect of the apprehension, we would only observe that the Committee would be empowered to make suggestions in respect of actions which are required to be done at the State Level and we hope and trust that, in case, any recommendation is made by the Committee to the State Government, it will be taken in its right earnest and needful would be done.
6. It is also submitted by the petitioner that the Committee may have representative(s) of the Police Administration and Pollution Control Board, as they are important stakeholders in holding of the Yatras.
7. We accept the suggestion and accordingly 3 include Member Secretary, Uttarakhand Pollution Control Board and Inspector General of Police, Garhwal and Kumaon range as Members of the Committee.
8. It is further submitted that the Committee should also have representation of the District Administration, Pithoragarh, an officer from the Animal Husbandry Department, District Pithoragarh and Apar Mukhya Adhikari Zila Panchayat Pithoragarh to take care of Adi Kailash Yatra, which originates from District Pithoragarh.
9. In respect of the same, a supplementary counter-affidavit has been filed on behalf of District Magistrate Pithoragarh, wherein it is stated that in respect of Adi Kailash Yatra, Standard Operative Procedure is already being implemented. It is also stated that animal health camps are being organized with the help of ITBP along the yatra route. Further specialized camps will be organized in collaboration with Brooke Hospital for Equines under the aegis of horse welfare project.
10. We feel that inclusion of District Administration of District Pithoragarh, an officer from the Animal Husbandry Department, District Pithoragarh and Apar Mukhya Adhikari Zila Panchayat Pithoragarh in the Committee would further help in resolving any issue, which may arise in holding Adi 4 Kailash Yatra. Therefore, we also direct inclusion of District Magistrate, Pithoragarh, Chief Veterinary Officer, Pithoragarh and the Apar Mukhya Adhikari Zila Panchayat Pithoragarh in the Committee.
11. We further feel that the petitioner who has done immense work in the field and is also managing a temporary infirmary at Phata, Rudraprayag on basis of a Memorandum of Understanding between her NGO and the District Administration, be also included in the Committee as her inputs would be valuable in the matter. We order accordingly. As such, the constitution of the Committee would be as follows:-
• Commissioner, Garhwal Division- Chairman • Inspector General of Police, Garhwal Region • Inspector General of Police, Kumaon Region • District Magistrate- Rudraprayag • District Magistrate- Chamoli • District Magistrate- Uttarkashi • District Magistrate- Pithoragarh • Member Secretary, Uttarakhand Pollution Control Board • Additional Director Animal Husbandry Garhwal Region • Chief Veterinary Officer- Rudraprayag • Chief Veterinary Officer- Chamoli • Chief Veterinary Officer- Uttarkashi • Chief Veterinary Officer, Pithoragarh • Apar Mukhya Adhikari Zila Panchayat- Rudraprayag • Apar Mukhya Adhikari Zila Panchayat- Chamoli • Apar Mukhya Adhikari Zila Panchayat- Uttarkashi. • Apar Mukhya Adhikari Zila Panchayat- Pithoragarh 5 • Gauri Maulekhi, R/o D-4, Chandralok, Rajpur Road, Dehradun."
12. We request the Chairperson of the Committee, thus constituted, i.e. the Commissioner, Garhwal Division to convene meeting of the Committee within two weeks from today and take up all relevant issues as we are informed that Yatras are to commence from third week of April, 2026.
13. The instant order accordingly disposes of IA No.17 of 2025.
Misc. App. with Response Affidavit (IA No.20 of 2025)
14. We are informed that an office order has been issued by the State Government nominating the Project Division, Irrigation Department, Dehradun as the Implementing Agency for the construction of infirmary for horses/ mules at the Government Sheep Center, Kotma.
15. Petitioner in-person submits that, although land for the said purpose has been identified and certain survey was also got done, but the infirmary has not been established so far.
16. Learned State Counsel seeks time to obtain instructions with regard to the present status of infirmary to be established in pursuance of office order dated 19th 6 March, 2025.
17. Accordingly, he is granted time to obtain the relevant instructions. The application would be taken up for consideration on the next date.
18. List after three weeks.
19. The minutes of the meeting of the Committee, as may be held in the meantime, be brought on record by any of the parties.
MANOJ KUMAR GUPTA, C.J.
SUBHASH UPADHYAY, J.
Dated: 16th March, 2026 NISHANT 7