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2022 DIGILAW 90 (RAJ)

Haji Aftab v. The State Of Rajasthan

2022-01-11

BIRENDRA KUMAR, MANINDRA MOHAN SHRIVASTAVA

body2022
ORDER 1. This Public Interest Litigation has been filed by the petitioner seeking issuance of following reliefs:- 'It is, therefore, prayed that this petition may kindly be allowed and writ of mandamus may be issued by the court and that the respondents may be directed to take necessary actions to capture monkeys. (i) The respondent may be directed to catch the rogue monkeys and release them very soon in the forests of Sawai Madhopur. (ii) The respondents may be directed that the monkeys who are healthy should be sterilized very soon so that the increasing population of monkeys can be stopped. (iii) The respondent may be directed to create awareness among the public that they should not give food and drink to monkeys without guidelines. (iv) The respondent may be directed that the place where the captured monkeys will be released is a suitable habitat. (v) The respondent may be directed to comply with the directions of the Supreme Court expeditiously. Animal board should be established in every district. (vi) The respondent may be directed to make a special team in the area where the monkeys are more and protect the public. (vii) The respondent may be directed that the place where the monkeys will be released, trees should be planted for the monkeys for playing and jumping and a clean and ventilated place should be made for the monkeys. (viii) The respondent may be directed to set up a separate team in relation to the health of the monkeys to regularly checkup the health of the monkeys. (ix) Cost of this writ petition may also be awarded in the favour of the petitioner. (x) Any other order or direction may be passed in the favour of the petitioner which the court may deem just and proper in the facts and circumstances of the case.' 2. According to the learned counsel for the petitioner, even though the State has formulated the policy and planned for capturing the monkeys, appropriate steps are not being taken to capture monkeys which is causing serious danger to the health of the public as the monkeys are found moving around in the city area and there are many incidents reported where monkeys attack human being. 3. We find that the petitioner has preferred representation to the State Government as also to the Commissioner of the Municipal Corporation only on 15.12.2021. 4. 3. We find that the petitioner has preferred representation to the State Government as also to the Commissioner of the Municipal Corporation only on 15.12.2021. 4. Therefore, at this stage, we are not inclined to keep the matter pending. The representation filed by the petitioner shall be duly considered by the Corporation in due guidance from the State Government and Corporation shall take necessary steps in accordance with law. 5. The petition is accordingly disposed off. 6. In case, no steps are taken by the State Government or Corporation within a reasonable period, the petitioner would be at liberty to take recourse to remedy available under the law.