Crusaders Against Animal Sufferings v. The Chief Secretary And Others
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR *** WPA/977/2023 Crusaders Against Animal Sufferings and another Vs.
The Chief Secretary And Others Mr. Gopala Binnu Kumar Ms. Vinita Devi ... for the petitioners Mr.Dibesh Dwivedi ... for the respondents [on behalf of Mr. S.Chakraborty] October 17, 2023 [SR] Item No.8 The first petitioner, who is a registered society comprising animal lovers and represented by the second petitioner herein was given possession of 22 cattle by orders passed by the Chief Judicial Magistrate, Mayabunder on 05.07.2023 and 11.07.2023 in U.R.Case No.258/2023 and G.R.Case No.196/2023 respectively. Out of the said cattle, one expired. By a letter issued by the Animal Welfare Board of India to the Chief Secretary of all the States and Union Territories of the country on 03.05.
2018, the authorities were informed about the notification of the Central Government on Prevention of Cruelty to Animals (Marketing and Care of Case Property) Rule 2017 for maintenance of animals seized in violation of the Act and Rules. The rate chart indicates that Rs.200/- per day per animal is to be allotted for daily maintenance and care of large animals, the cattle in possession of the petitioners being under the category "large animals".
Learned counsel for the petitioners submits that despite the said letter, no fund has been received by the petitioners from the administration till date. Several representations submitted by the petitioners in this regard have fallen on deaf ears.
The petitioners seek a direction upon the authority concerned to consider the representation submitted by them on 8th September, 2023 in the light of the letter issued by the Animal Welfare Board of India on 03.05.2018.
Learned counsel for the respondents submits that the third respondent be directed to consider the representation in accordance with law.
In view of the above, the writ petition is disposed of directing the third respondent to consider and dispose of the representation submitted by the petitioners dated 8th
September, 2023 within three weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner, in the light of the observation made in the letter issued by the Animal Welfare Board of India dated 03.05.2018, in accordance with law.
In the event the representation is decided in favour of the petitioners, the said authority shall take necessary consequential steps immediately thereafter.
The writ petition being WPA/977/2023 is accordingly disposed of. There shall, however, be no order as to costs. Since affidavit has not been invited, the allegations made in the writ petition are deemed not to have been admitted. Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.
( Suvra Ghosh, J. )