GAU RAKSHA DAL SEVA SAMITI RAJASTHAN Vs. STATE OF RAJ
LAWS(RAJ)-2015-5-102
HIGH COURT OF RAJASTHAN
Decided on May 04,2015

Gau Raksha Dal Seva Samiti Rajasthan Appellant
VERSUS
STATE OF RAJ Respondents

JUDGEMENT

- (1.) We have heard learned counsel for the petitioner and learned Additional Advocate General.
(2.) In this writ petition filed by Gau Raksha Dal Seva Samiti Rajasthan through its General Secretary Shri Pradeep Singh Rathore, various directions have been sought for enforcement of the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Rules framed thereunder, more importantly the Transport of Animals Rules, 1978 (for short, "the Act of 1978"), the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 (for short, "the Act of 1995") and the Rules made thereunder and the Rajasthan State Cattle Fairs Act, 1963 (for short, "the Act of 1963").
(3.) The petitioner has prayed for the following reliefs:- "10. Relief(s) prayed for: It is, therefore most respectfully prayed that: (A) By an appropriate writ, order or direction, the respondents may be directed to ensure that no bovine animal is sold or purchased in any cattle fair which is not regulated and provided under the Rajasthan State Cattle Fair Act 1963 and the Rajasthan State Cattle Fair Rules 1963. (B) By an appropriate writ, order or direction, the respondents may be directed to completely prohibit holding of any local cattle fairs by any local authorities which is not provided and regulated under the Rajasthan State Cattle Fair Act 1963 and the Rajasthan State Cattle Fair Rules 1963. (C) By an appropriate writ, order or direction the respondents may be directed to take steps to form special task force at border areas of Rajasthan State for ensuring that no smuggling of bovine animals takes place on foot by persons of nomadic tribes. (D) By an appropriate writ, order or direction, it may be directed that no person shall be entitled to purchase any bovine animal in the state who does not fulfills the criteria of an agriculturist and for such identification proper guidelines be framed. (E) By an appropriate writ, order or direction the respondents be directed to frame guidelines for establishment of Gram Raksha Dal's and also establish Cattle Pounds (Kanji House) as provided under the Panchayati Raj Rules, 1996 by inviting greater participation of the animal activists. (F) By an appropriate writ, order or direction the respondents may be directed to take necessary steps for formation and establishment of societies for prevention of cruelty to animals in accordance with the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001. (G) By an appropriate writ, order or direction the respondents may be directed to make necessary amendments in the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulations of Temporary Migration or Export) Act, 1995 and Prevention of Cruelty to Animals Act 1960 for providing a right of hearing to the animal activists in the cases involving violation of their provisions. (H) Any other relief, which this Hon'ble Court considers appropriate may be passed in the facts and circumstances of the case.";


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