Kirtikumar Sadashiv Bhatt v. Municipal Corporation of Ahmedabad
2017-11-01
R.SUBHASH REDDY, VIPUL M.PANCHOLI
body2017
DigiLaw.ai
ORDER : R. SUBHASH REDDY, J. This Writ Petition, by way of Public Interest Litigation, is filed with the prayers which reads as under:— “12(A) To issue a writ of mandamus or any other writ or direction or order under Article 226 of the Constitution of India to protect ordinary citizens by directing the respondent authorities to forthwith capture all stray dogs in the City and place them in a dog pound specially prepared for the purpose. (B) To direct the respondent authorities to carry on a sterilization and vaccination programme of stray dogs in the special dog pound and not release them in the city. (C) To fix the responsibility of the respondent authorities to pay adequate compensation to all victims of stray dog bites and rabies death as such cases arise directly out of the failure of the respondent authorities to perform their statutory function. (D) To pass such other orders and further orders as may be deemed necessary in the facts and circumstances of the present case.” 2. During the course of hearing, it is brought to our notice that the Writ Petition (Civil) No. 308 of 2017 with similar prayer filed before the Hon'ble Supreme Court of India was dismissed for non prosecution vide order dated 17.07.2017. 3. Further though main relief sought in the petition is seeking direction to the respondents to capture stray dogs in the City and place them in dog pound specially prepared for the purpose, the applicant-party-in-person stated that the rules which is titled “Animal Birth Control (Dogs) Rules, 2001” framed in exercise of powers under section 38 of the Prevention of Cruelty to Animals Act, 1960 has not been implemented. 4. On the other hand, learned Counsel Mr. Chhaya, appearing for the respondent brought to our notice that similar issue with regard to implementation of the Rules is pending before the Hon'ble Supreme Court, in which State of Gujarat is also made party and directions are issued from time to time in the petition. Copy of the order dated 04.10.2016 passed by the Hon'ble Supreme Court is placed on record. It is further submitted that subject matter with regard to implementation of rules is pending before the Hon'ble Supreme Court. 5.
Copy of the order dated 04.10.2016 passed by the Hon'ble Supreme Court is placed on record. It is further submitted that subject matter with regard to implementation of rules is pending before the Hon'ble Supreme Court. 5. As much as the applicant has himself filed the petition with similar prayers before the Hon'ble Supreme Court, which is dismissed for non prosecution and further in view of pendency of similar issue before the Hon'ble Supreme Court, we are not inclined to entertain the Writ Petition (PIL). The Writ Petition (PIL) is dismissed.