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Patna High CourtCWJC/3962/2025disposed

State Society For Prevention Of Cruelty To Animals, Bihar v. The State Of Bihar

2026-07-24Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3962 of 2025 ====================================================== 1.

State Society for Prevention of Cruelty to Animals, Bihar through its Honorary Secretary, Shri Ratneshwar Prasad Singh, having registered office at Daya Mandir, Patliputra Colony, Post and Police Station Patliputra, District - Patna- 800013.

2.

Ratneshwar Prasad Singh, Son of Shri Parmeshwar Prasad Singh, Resident of Daya Mandir, Patliputra Colony, Post and Police Station Patliputra, District - Patna 800013, Presently, Honorary Secretary, State Society for Prevention of Cruelty to Animals, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Additional Chief Secretary, Department of Animal and Fisheries Resources Department, Government of Bihar, Patna. 2.

The Director (Animal Husbandry), Department of Animal and Fisheries Resources Department, Government of Bihar, Patna. 3.

The Additional Director, Animal Husbandry, Department of Animal and Fisheries Resources Department, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Sr. Advocate Mr. Sumit Kumar, Advocate Mr. Mukul Kumar, Advocate For the Respondent/s :

Mr. Rajeshwar Singh, GA-10 Mr. Jitendra Kumar, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-07-2026 Heard learned counsel for the petitioners and learned counsel for the State-respondents.

2. The instant writ petition has been filed for the following relief(s):- (i) For issuance of writ of certiorari for setting aside/quashing the memo no. 2960 dated 04.09.2023 issued by the Director, Animal Husbandry, Department of Animal & Fisheries Resources, Government of Bihar (Respondent No. 2) by

Patna High Court CWJC No.3962 of 2025(3) dt.24-07-2026 2/3 which it has been directed that the recognition/authorization of petitioner no.1 for performing work relating to prevention of cruelty to animals has been withdrawn by the State Government vide memo no. 8287 dated 18.09.1987 and no recognition has been granted by the department in favor of petitioner No.1.

3. Learned counsel for the State by referring to the statement made in counter affidavit at para 7, submits that issues have been resolved and the petitioner's society has been permitted to discharge its statutory functions relating to prevention of cruelty to animals and the stands so taken is reproduced hereunder:- "That it is further respectfully submitted that the erstwhile State Society for Prevention of Cruelty to Animals (SPCA) was a private non-governmental organization which had been entrusted with certain functions under the prevailing executive directions and guidelines and the Department had consistently proceeded on the understanding that the powers vested in the said private SPCA stood withdrawn pursuant to Notification No. 8287 dated 18.09.1987 (Annexure- R/A to the Counter Affidavit). Consequently, apart from the district-level SPCA constituted under Notification No. 1385 dated- 05.05.2017 and the State Animal Welfare Board constituted by the State Government, no other organization including the aforesaid private non-governmental SPCA stood recognized,

Patna High Court CWJC No.3962 of 2025(3) dt.24-07-2026 3/3 affiliated or authorized by the department to discharge statutory functions relating to prevention of cruelty to animals."

4. Senior counsel, Mr. Rajesh Kumar Singh, who appears for the petitioners submits that impugned order contained in Annexure-P/3 as Memo No.2960 dated 04.09.2023 may be quashed in view of the stand taken by the Staterespondent, which is not disputed by the counsel for the State.

5. Considering the submissions of the parties, in reference to the stand taken in the counter affidavit referred above, the impugned order contained in Annexure-P/3 bearing Memo No.2960 dated 04.09.2023 is quashed.

6. With the aforesaid observations and directions, the instant writ petition stands disposed of and the pending interlocutory application, if any, shall also stand disposed of. (Ajit Kumar, J) rajan/- U