Gopi Chand Rathi vs The Commissioner, Municipal ...
2010 Latest Caselaw 286 Del

4.
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 8009/2008

      GOPI CHAND RATHI                ..... Petitioner
                    Through Mr. Shankar Kumar Jha, Advocate.

                  versus

      THE COMMISSIONR, MCD & ANR.         ..... Respondent
                    Through Ms. Maninder Acharya, Advocate.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA

                  ORDER

% 19.01.2010

1. The petitioner by way of present writ petition seeks

return/release of cow and calf, which were seized by the respondent-

MCD on 4th August, 2008. The allegation of the petitioner is that the

respondents along with police officers from CRPF had barged into his

house and took the cow and the calf alleging that they were stray

animals.

2. The respondents in their counter affidavit, on the other hand,

have pointed out that action was taken by them against street cattle

pursuant to directions issued by this Court in W.P. (C) No. 3791/2000

titled Comman Cause Society versus Union of India and Others.

It is stated that stray cattle menace has been subject matter of several

orders passed by the Court in the said case. It is also stated that the

cow and the calf in question were found on the street and were

impounded on 4th August, 2008 with the help of police. In terms of the

directions issued in the aforesaid writ petition, the rounded up cows and their progeny were/are not being released but are deported to

various Gosadans/Gaushalas. The petitioner was accordingly informed

vide letter dated 23rd October, 2008.

3. In view of the facts stated by the respondent-MCD in their

counter affidavit, I do not find any merit in the present writ petition.

The petitioner is residing in Brahmapuri in East-Delhi, which is a

congested and thickly populated. It is impossible to believe that a

person will keep a cow and a calf in the said locality. The said area

does not have grazing grounds where cattle can be left out. Obviously

the petitioner's cattle was found to be loitering around on the street

and were apprehended after the drive was initiated by the respondents

against stray cattle.

The writ petition is dismissed.

SANJIV KHANNA, J.

JANUARY 19, 2010 VKR