Sarvodaya Go-Shala Charitable ... vs State Of Maha. Thr. Sec. Agri., ...
2021 Latest Caselaw 17669 Bom

WP 3570-20                                     1                       Judgment

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.

                     WRIT PETITION NO. 3570/2020

Sarvodaya Go-Shala Charitable Trust, Amboda,
Post Giroli, Tah. Deoli, Distt. Wardha, through its
Secretary Manoj Vasant Panchabhai, R/o Amboda,
Post Giroli, Tah. Deoli, Distt. Wardha.                             PETITIONER

                                 .....VERSUS.....


1.    The State of Maharashtra,
      Through its Secretary, Agriculture, Dairy
      Development, Animal Husbandry and
      Fisheries Department, Mantralaya Mumbai-32.

2.    The District Collector Wardha,
      Civil Lines, Wardha.

3.    The Chief Officer, Municipal Council,
      Hinganghat, Distt. Wardha.                                  RESPONDENT S


                   Shri J.R. Kidilay, counsel for petitioner.
 Shri A.M. Kadukar, Assistant Government Pleader for respondent nos.1 and 2.
           Shri Anand Deshpande, counsel for the respondent no.3.



CORAM : A. S. CHANDURKAR AND G.A. SANAP, JJ.

DATE     : 20TH DECEMBER, 2021.
ORAL JUDGMENT               (PER : A.S. CHANDURKAR, J.)


             RULE.     Rule made returnable forthwith.           Heard learned

counsel for the parties.



2.           The   Chief    Officer,   Municipal      Council,   Hinganghat   in

February-2020 floated a tender inviting bids for sterilization of stray dogs WP 3570-20 2 Judgment

within the limits of Municipal Council. Pursuant to the bid submitted by

the petitioner, it was allotted the work in question by communication

dated 08.06.2020. It appears that on account of some representations

received by the Chief Officer, the petitioner-Trust was directed to

withhold the work in question by the communication dated 17.07.2020.

Being aggrieved by this communication, the petitioner has filed the

present writ petition.

3. In the reply filed by the Chief Officer, reference is made to the

documents submitted by the petitioner and its satisfaction that the

petitioner was competent to carry out the work of sterilization. Such

report was sent to the Collector. In the affidavit filed by the District

Deputy Collector of Animal Husbandry, it has been stated that after

scrutinizing the documents submitted by the petitioner it was found that

the Trust was registered with the Animal Welfare Board and that it was

competent to perform the task of sterilization of stray dogs as per

Standard Operating Procedure prescribed.

4. Perusal of the impugned communication dated 17.07.2020

indicates that there was a doubt expressed by the Chief Officer as regards

competency of the petitioner to carry out sterilization activity. In view of

the contents of the affidavit filed by the Chief Officer as well as the WP 3570-20 3 Judgment

District Deputy Collector of Animal Husbandry, it is seen that its

apprehension now stands satisfied.

On instructions Shri Anand Deshpande, learned counsel for

the Municipal Council submits that it would now be permissible for the

petitioner to carry out the work of sterilization pursuant to the work order

dated 08.06.2020 subject to complying with the Standard Operating

Procedure.

5. In view of aforesaid, we find that the order dated 17.07.2020

is liable to be set aside. It is accordingly set aside. The petitioner is free

to continue the work of sterilization pursuant to the work order dated

08.06.2020.

6. Rule accordingly. The writ petition is disposed of. No costs.

             (G.A. SANAP, J.)               (A.S. CHANDURKAR, J.)


APTE




                                                         Signed By: Digitally signed
                                                         byROHIT DATTATRAYA
                                                         APTE
                                                         Signing Date:21.12.2021 16:46