Vrindavan Gaushala, v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.22730 OF 2017 Dated:07.09.2017 Between:

Vrindavan Gaushala, rep., by its General Secretary, D.V. Srinath Reddy, D.V.K. Reddy, aged 32 years, Plot No.14, Sri Ganesh Temple, M.G. Nagar, Macha Bollaram, Balanagar, Ranga Reddy District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.22730 OF 2017 ORDER:

Petitioner alleges that it established Vrindavan Goushala in the year 2015 in Plot No.14, Sri Ganesh Temple, M.G. Nagar, Macha Bollaram, Balanagar, Ranga Reddy District, to safeguard the cows, which were rescued while transporting to the slaughter house and which met with accidents on highways. Even according to the petitioner, the subject land belongs to Government. Petitioner provides medication and treatment for the injured cows and it rescued about 30 cows. While so, the respondent authorities are trying to evict the petitioner from the subject land. According to petitioner, it submitted a representation dated 22.06.2017 before the Mandal Revenue Officer, Alwal, seeking permission to use the subject land permanently. Alleging inaction in trying to demolish the Goushala, this Writ Petition is filed. 2.

It is not in dispute that no prior permission was obtained by the petitioner before establishing the said Goushala and occupying the Government land. Though the objective of the petitioner may be to protect the injured animals, but there are several Goushalas, which take care of them. Even otherwise, if the objective of the petitioner is genuinely to protect the interest of the animals, it should obtain prior permission and follow due procedure before establishing the Goushala. Whatever may be the objective, the petitioner cannot encroach into the Government land and try to occupy the same on the pretext of doing some service. As no prior permission was obtained before establishing Goushala and

admittedly land in occupation is a Government land, petitioner has to vacate the said premises.

3.

At this stage, learned counsel for the petitioner requests the Court to grant eight weeks time to relocate the injured animals and in the meantime not to undertake any coercive action against it. 4.

Photographs are enclosed to the affidavit which would disclose that the animals are injured and they are being treated. Therefore, the request of the petitioner to grant eight weeks time to vacate the premises is reasonable and the same is granted. However, petitioner shall file an affidavit within one week from today before the District Collector, Medchal District, and the jurisdictional Deputy Commissioner of Greater Hyderabad Municipal Corporation undertaking to vacate the premises within the time granted by this Court. It is also made clear that petitioner shall not undertake any other activity other than taking care of the injured animals and it shall not take any new animals into the said premises. If the authorities find that illegal activities are undertaken by the petitioner other than the injured animals, it is open to the authorities concerned to take action against the petitioner.

5.

Subject to the above, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:07.09.2017 KH