- (1.) The petitioner was initially granted a licence in 1986 for a period of one year for dealing in captive bred birds. According to the petitioner, the licence was renewed until 31 December 1991. On 4 November, 1991, the petitioner was informed that the licence would stand cancelled with effect from 31 December 1991 and the petitioner was called upon to surrender the licence. The petitioner has averred that the licence was surrendered. The case of the petitioner is that it was in possession of captive bred birds, which were in its stock and continued to be in stock. The petitioner moved an earlier writ proceeding before this Court, Writ Petition No.6062 (M/B) of 2011, for setting aside a communication dated 14 May 2011 of the Chief Wild Life Warden, Lucknow and for a mandamus to the authorities to grant permission/licence to the petitioner for dealing with his stock of captive bred birds. The petition was disposed of by a Division Bench of this Court by an order dated 2 May 2014. The Division Bench directed the Chief Wild Life Warden to consider the representation submitted by the petitioner on 4 June 2011 within a stipulated time. Thereupon, an order was passed by which the representation of the petitioner was rejected. By the impugned order of 4 August 2014, the Chief Wild Life Warden has held that in view of the provisions of Section 43 of the Wild Life (Protection) Act, 1972, the grant of any licence to the petitioner, as sought, would be contrary to law.
(2.) The Wild Life (Protection) Act, 1972 defines the expression 'captive animal' under Section 2 (5), as follows: "2. (5). "captive animal" means any animal, specified in Schedule I, Schedule II, Schedule III or Schedule IV, which is captured or kept or bred in captivity."
(3.) Among the species which are mentioned in Schedule IV, those at entries 44, 45 and 50 respectively are Munias (Estrildinae), Mynas (Sturnidae), Parakeets (Psittacidae).;