The Society For The Prevention Of Cruelty To Animals And ANR v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.905 of 2019 In Civil Writ Jurisdiction Case No.8199 of 2007 ====================================================== 1.

The Society for the Prevention of Cruelty to Animals, Bihar through Ravindra Narayan Singh aged about 69 years Male, S/o Late Ramkripal Singh, President of the Society for the prevention of Cruelty to Animal Inspector Association at Gosala Sadalkant Ashram, P.S. Patliputtra, DistrictPatna 2.

The Society for prevention of cruelty to Animals Inspector Association through its President Ravindra Narayan Singh, S/o Late Ram Kripal Singh, resident of Gosala Sadakat Ashram, P.S. Patliputra, District-Patna ... ... Petitioners

Versus

1.

The Union of India through its Secretary, Ministry of Forest and Environment Animal, Welfare Divisonn, Sardar Patel Bhawan Sansad, Marg New Delhi 2.

The Joint Secretary to Govt. in the Department of Forest and Environment Animal Welfare Division Govt. of India, Sardar Patel Bhawan, Sansad Marg. New Delhi 3.

The Animal Welfare Board of India through its Secretary (Animal Welfare Division Govt. of India PB 8672 13/13 3rd SeaWard Balmiki Nagar Thiru Vanmiur Chenai 4.

The State of Bihar through its Chief Secretary Old Secretariat Building, Patna 5.

The Secretary to Govt. in the Animal Husbandry and Fisheries, Govt. of Bihar, New Secretariat Building, Patna 6.

The Director Genral cum Inspector General of Police Bihar, Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Bind Keshari Kumar, Sr. Advocate Mr.Neeraj Kumar Alias Sanidh, Advocate For the State :

Mr.Ashutosh Ranjan Pandey, AAG-15 Mr. Priyadharshi Matri Sharan, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) 07-04-2021 Heard Mr. Bind Keshari Kumar, learned senior

Patna High Court MJC No.905 of 2019(3) dt.07-04-2021 2/2 counsel for the petitioners and Mr. Priyadarshi Matri Sharan, learned AC to AAG-15 for the State via video conferencing. This application has been filed on behalf of the petitioners on 27.02.2019 for restoration of CWJC No.8199 of 2007, which was dismissed for non-prosecution on 10.08.2015. The delay caused in filing the restoration application is about three years and six months. There is complete lack of proper explanation for the inordinate delay and laches caused in filing the restoration application.

In that view of the matter, we are not inclined to restore the application which was filed in the year 2007. Accordingly, the application is dismissed.

However, the petitioners, if so advised, shall be at liberty to file a fresh application before this Court in the same subject matter if the cause of action still survives. (Ashwani Kumar Singh, J) ( Chakradhari Sharan Singh, J) kanchan/- U