Akhil Bharat Krishi Go Seva Sangh ... vs State Of Maharashtra And Ors
2022 Latest Caselaw 6461 Bom

                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

         Digitally
         signed by
                                                 CRIMINAL APPELLATE JURISDICTION
         PRADNYA
PRADNYA  MAKARAND


                                             PUBLIC INTEREST LITIGATION NO. 10 OF 2022
MAKARAND BHOGALE
BHOGALE  Date:
         2022.07.08
         18:44:47
         +0530




                      Akhil Bharat Krishi Go Seva Sangh                         ...      Petitioner
                                vs.
                      The State of Maharashtra and ors.                         ...     Respondents


                      Mr. Subhash Jha a/w Mr. Raju Gupta, Mr. Mukesh Gupta, Mr. Dwivendra
                      Dubey, Alka Pandey, Darshika Vasani i/b. Mr. Dhruv Gupta for the petitioner.
                      Mr. A.R. Patil, Additional Government Pleader for the State-respondent nos.1
                      and 2.


                                                            CORAM : A. K. MENON , J. &
                                                                       M.S. KARNIK , J.

DATED : 8th JULY, 2022

P.C. :

1. Mentioned. Not on board. Taken on production board at the request of

learned Advocate for the petitioner.

2. Mr. Jha states that on account of Bakri Eid festival there is likely to be

illegal slaughtering of animals. He submits that in the Malegaon area the

petitioner has noticed that large numbers of cattle including camels have

entered probably for qurbani which is illegal. He invites our attention to some

501.crpil.10-22.odt PMB of the averments made in the Public Interest Litigation and seeks direction on

the respondents to forthwith seize all the cattle and camels so as to examine

their health and take appropriate action in accordance with law to prevent

any cruelty to these animals.

3. We have on the 5th July, 2022 in Interim Application (Stamp) No.

10390 of 2022 in Public Interest Litigation (Stamp) No. 11038 of 2021

passed a detailed order setting out the fact that pursuant to the judgment of

the Supreme Court in Laxmi Narain Modi vs. Union of India and others 1 has

laid down various guidelines to be followed in the manner of slaughtering of

animals across the Country and the Malegaon Municipal Corporation -

respondent no.2 is no exception. In that order we have set out that the

Commissioner, Municipal Corporation of Bhiwandi Nizampur City is

authorised to consider the application if made pursuant to Section 378 (1) (iv)

of the Maharashtra Municipal Corporation Act, 1949 to grant written

permission for the slaughter of an animal in any place that he thinks fit, on

the occasion of any festival or ceremony or under special circumstances. This

provision read with Section 28 of the Prevention of Cruelty to Animals Act,

1 (2013) 10 SCC 227

501.crpil.10-22.odt PMB 1960 will entitle interested parties to make applications to the said

Commissioner. We expect that the order dated 5 th July, 2022 passed in the

aforesaid Public Interest Litigation will be followed in letter and spirit and

appropriate action as may be required by the local authorities viz. Malegaon

Municipal Corporation and police authority in Malegaon and prevent

unauthorised slaughter of animals. With this direction we tag this Public

Interest Litigation with Public Interest Litigation (Stamp) No. 11038 of 2021.

4. Replies, if any, to be filed within four weeks from today.

5. All concerned shall act on an authenticated copy of this order which

will be served upon the concerned authority by the petitioner's Advocate.

(M. S. KARNIK, J.)                                 (A. K. MENON, J.)





501.crpil.10-22.odt
PMB