Ram Sumiran Sharma @ Sudharshan ... vs The State Of Bihar
2023 Latest Caselaw 4795 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.1818 of 2021
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Ram Sumiran Sharma @ Sudharshan Guruji Sri 1008 Swami Dharnidhara, Acharya of Taret Palisthan of Palisthan Taret, P.S. - Naubatpur, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary, Chief Conservative of Forest, Bihar (Wild Life Wing), 4th Floor Aranya Bhawan, Sahid Pir Ali Khan Marg, Veterinary College, Patna.

3. The Additional Principal Chief Conservative of Forest - cum- Chief Wildlife Warden, Bihar.

4. The Regional Chief Conservator of Forest, Patna.

5. The Conservator of Forest, Patna.

6. The Divisional Forest Officer, Patna.

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate with Mr. Madhav Raj and Ms. Priyanka Singh, Advocates

For the State : Mr. Jai Prakash Sharma, Advocate ======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 21-09-2023

Heard Mr. Yogesh Chandra Verma, learned senior

counsel duly assisted by Mr. Madhav Raj, learned counsel for

the petitioner and Mr. Jai Prakash Sharma, learned counsel

representing the State.

2. The petitioner claims to be a religious person and

Mahanth of Taret Pali Asthan falling within Naubatpur Block of

Patna District, seeks quashing of the order as contained in Patna High Court CWJC No.1818 of 2021 dt.21-09-2023

Memo No. Wildlife 446 dated 11.07.2018 issued by the

Additional Principal Chief Conservator of Forest-cum-Chief

Wildlife Warden, Bihar whereby the application filed by the

petitioner seeking permission for keeping elephant for religious

purposes by the Ashram has been rejected in view of the

decision of the State Board for Wildlife on the ground that no

permission is to be given for transfer or custody and transport of

any private domestic captive elephant from other State to Bihar

by way of gift for the purpose of temporary upkeep or any other

mode from the year 2015.

3. It is submitted that Taret Pali Asthan, Naubatpur is

a widely known ancient and famous religious place having 50

branches located at different places in India and on auspicious

occasion the elephants are worshiped as a symbol of God

Ganesha. The Ashram has a tradition of keeping elephant from

time immemorial, however, unfortunately the last elephant of

the Taret Pali Asthan died in the year 2013.

4. Learned senior counsel appearing on behalf of the

petitioner submits that two devotees namely Loknath Borh and

Smt. Rinku Mahate Saika Borah being owner of the elephants

are willing to donate their respective elephants for religious

procession and worship to the Taret Pali Asthan and in this Patna High Court CWJC No.1818 of 2021 dt.21-09-2023

regard they also sworn affidavits of their willingness.

5. In view of their solemn desire and looking into the

religious need of the Ashram, the petitioner filed an application

before the Additional Principal Chief Conservator of Forest-

cum-Chief Wildlife Warden, Bihar seeking permission to keep

the elephants for religious purpose with all required enclosures

i.e., ownership certificates, application for NOC, affidavit of

intention to transfer of elephant with details of math.

6. He further submits that despite the afore-noted

documents and the affidavits filed on behalf of the petitioners

the Additional Principal Chief Conservator of Forest-cum-Chief

Wildlife Warden, Bihar has refused to grant permission for

transfer of elephant from Assam to the State of Bihar vide

Memo No. Wildlife 446 dated 11.07.2018.

7. While assailing the aforesaid order, it is submitted

that apart from cryptic, no reason has been assigned and even

the reference, which has been made the basis for rejection of the

application of the petitioner has not been disclosed, as to by

which decision the State Board of Wildlife has prohibited the

transfer of the elephant from other state to the State of Bihar.

8. In course of arguments, learned senior counsel

informed this Court that now after coming into force of the Wild Patna High Court CWJC No.1818 of 2021 dt.21-09-2023

Life (Protection) Amendment Act, 2022 (hereinafter referred to

as the 'Act'), an amendment has been brought in Section 43 of

the principal Act in sub-section (2) and the following proviso

has been inserted which reads as follows:

"Provided that the transfer or transport of a captive

elephant for a religious or any other purpose by a person having

a valid certificate of ownership shall be subject to such terms

and conditions as may be prescribed by the Central

Government."

He next submitted that in view of the amendment as

noted above, now the order of rejection dated 11.07.2018 has

lost its effect and in view thereof he intent to file a fresh

application before the Competent Authority seeking permission

for transfer of elephant from the State of Assam to the State of

Bihar.

9. Learned counsel for the State submits that if the

petitioner would file a fresh application in view of the amended

provision, the same would be considered and disposed of, in

accordance with law.

10. In view of the submission made hereinabove, the

present writ petition stands disposed of with a liberty to the

petitioner to file a fresh application before the respondent no. 2 Patna High Court CWJC No.1818 of 2021 dt.21-09-2023

within a period of one week. If such representation is filed, the

respondent no. 2 would be under obligation to dispose of the

same within a further period of four weeks, by passing a

reasoned order considering the amended provision of the Act.

(Harish Kumar, J)

Anjani/-

AFR/NAFR                N.A.
CAV DATE                N.A.
Uploading Date          23.09.2023
Transmission Date       N.A.