Ratneshwar Prasad Singh And Anr vs The State Of Bihar And Ors
2023 Latest Caselaw 2042 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.13543 of 2016
     ======================================================

1. Ratneshwar Prasad Singh son of Sri Prameshwar Prasad Singh, Senior Advocate, the Secretary, Bihar State S.P.C.A., Bihar, having its Head Office, Daya Mandir, Partliputra Old Police Station Colony, Patna, and resident of Veer Kunwar Singh Colony, P.S. Kashipur, District Samastipur.

2. Binay Kumar Singh, son of Sri Shyam Nandan Singh, General Secretary, Bihar State S.P.C.A. Inspector Association, having its Head Office Daya Mandir, Partliputra Old Police Station, Colony Patna, and resident of Village Dhanushi, P.O. Ghataro, P.S. Kartahan, District Vaishali.

... ... Petitioner/s Versus

1. The State Of Bihar through Chief Secretary, Bihar, Patna.

2. The Principal Secretary, Home Department, Bihar, Patna.

3. The Special Secretary, Home (Special) Department, Bihar, Patna.

4. The Additional Secretary, Home (Special) Department, Bihar, Patna.

5. The Director General of Police, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindhya Keshari Kumar, Senior Advocate Mr. Satyendra Narayan Singh, Advocate

For the Respondent/s : Mr. N.H. Khan- SC1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 01-05-2023

The petitioners are before us claiming that despite orders

issued by the competent authorities, the police are not assisting the

Society for Prevention of Cruelty to Animals as and when a

request is made. It is the specific contention of the learned Senior

Counsel that the order is not being followed. However, we notice Patna High Court CWJC No.13543 of 2016 dt.01-05-2023

even from the writ petition that no specific instance of a complaint

having been raised and the police having not complied with the

instruction is placed on record.

We cannot issue a mandamus in a vacuum. The

petitioners also have not approached the Special Secretary to the

Government, Bihar, Patna, who has issued the instructions;

pointing out any instance of non-compliance.

In the above circumstances, we are unable to entertain

this public interest litigation. We dismiss the same.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) Sunil/-

AFR/NAFR                NAFR
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Uploading Date          04.05.2023
Transmission Date