Karnataka High Court
M/S Compassion Unlimited Plus Action vs Bruhat Bengaluru Mahanagara Palike ... on 21 June, 2018
Bench: Chief Justice, Krishna S Dixit
W.P.No.24943/2018 C/w
W.P.No.24906/2018
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE KRISHNA S. DIXIT
WRIT PETITION NO. 24943/2018 (LB-BMP) (PIL)
C/W
WRIT PETITION NO. 24906/2018 (LB-BMP) (PIL)
IN W.P NO.24943/2018:
BETWEEN:
1. M/S COMPASSION UNLIMITED PLUS ACTION
AN NGO REGISTERED UNDER THE INDIAN
TRUSTS ACT,
HAVING ITS REGISTERED OFFICE AT
NO. D, GROUND FLOOR,
KENSINGTON APARTMENTS,
18/1, ULSOOR CROSS ROAD,
ULSOOR, BENGALURU - 560 008
REPRESENTED BY ITS SECRETARY AND TRUSTEE,
MS. SANDHYA MADAPPA.
2. M/S WILDLIFE RESCUE AND REHABILITATION CENTRE
AN NGO REGISTERED UNDER THE INDIAN
TRUSTS ACT,
HAVING ITS REGISTERED OFFICE AT
NO. D , GROUND FLOOR,
KENSINGTON APARTMENTS,
18/1, ULSOOR CROSS ROAD,
ULSOOR, BENGALURU - 560 008.
REPRESENTED BY ITS HON. PRESIDENT AND
TRUSTEE, MS. SUPARNA GANGULY.
W.P.No.24943/2018 C/w
W.P.No.24906/2018
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3. M/S PEOPLE FOR ANIMALS
AN NGO REGISTERED UNDER THE
INDIAN TRUSTS ACT,
HAVING ITS REGISTERED OFFICE AT
NO.4T DCM BUILDING,
16 BARAKHAMBA ROAD, NEW DELHI-110001
REPRESENTED BY COL.DR.NAVAZ SHERIFF.
4. N G JAYASIMHA
MANAGING DIRECTOR HUMANE SOCIETY
INTERNATIONAL/INDIA,
8-2-332/5/1, ROAD NO.3,
BANJARA HILLS, HYDERABAD-500 034.
... PETITIONERS
(BY SRI. ALWYN SEBASTIAN, ADVOCATE FOR
SRI. TOMY SEBASTIAN)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE (B.B.M.P)
THROUGH ITS COMMISSIONER,
HAVING ITS OFFICE AT
CORPORATION CIRCLE,
HUDSON CIRCLE,
BENGALURU - 560 002.
2. STATE OF KARNATAKA
THROUGH SECRETARY,
URBAN DEVELOPMENT DEPARTMENT
M.S.BUILDING,
DR.B.R.AMBEDKAR ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. V. SREENIDHI, AGA FOR R1
SRI. A. S. PONNANNA, AAG FOR
SRI. S. H. PRASHANTH, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED NOTIFICATION DATED 28.02.2018 PASSED BY
THE SECOND RESPONDENT VIDE ANNEXURE - A.
W.P.No.24943/2018 C/w
W.P.No.24906/2018
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IN W.P.NO. 24906/2018:
BETWEEN:
MRS INDIRA GOPAL KRISHNA
W/O. VENUGOPAL GOPAL KRISHNA,
AGED ABOUT 32 YEARS,
RESIDING AT:
#552, 2ND MAIN,
SADANANDA NAGAR, NGEF EAST,
BENGALURU - 560 038.
... PETITIONER
(BY SRI. ALOKE MADAPPA, ADVOCATE)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
REPRESENTED BY ITS COMMISSIONER
HUDSON CIRCLE,
BENGALURU - 560 001.
2. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
VIKAS SOUDHA,
BENGALURU - 560001.
REPRESENTED BY ITS SECRETARY,
3. ANIMAL WELFARE BOARD OF INDIA
NATIONAL INSTITUTE OF ANIMAL WELFARE CAMPUS,
P.O.42, KM STONE,
DELHI-AGRA HIGHWAY, NH-2.
VILLAGE-SEEKRI,
BALLABHGARH,
FARIDABAD,
HARYANA - 121004.
... RESPONDENTS
(BY SRI. V. SREENIDHI, AGA FOR R1
SRI. A. S. PONNANNA, AAG FOR
SRI. S. H. PRASHANTH, AGA FOR R2)
---
W.P.No.24943/2018 C/w
W.P.No.24906/2018
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED NOTIFICATION DATED 28.02.2018 PASSED BY
THE RESPONDENT NO. 1 VIDE ANNEXURE - A
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE, MADE
THE FOLLOWING:
ORDER
Learned Additional Advocate General has placed before us the Notification No.UDD 225 MNY 2013 issued today by the Government of Karnataka in its Urban Development Department withdrawing the questioned Bye- laws ie., Bengaluru Bruhat Mahanagara Palike (Pet Dog Licence) Bye-laws, 2018.
It is pointed out that the said Bye-laws have been withdrawn as the Government found it necessary to call for suggestions from all the stake-holders and to re-examine the matter in the light of the inputs received.
In view of the aforesaid notification issued today by the Government and in view of the submissions made, the issues as raised in these writ petitions against the questioned Bye-
W.P.No.24943/2018 C/w W.P.No.24906/2018 -5- laws dated 28.02.2018 do not survive. Therefore, the proceedings in these petitions deserve to be closed.
While closing the matter, we would expect of the petitioners, who are said to be actively involved in animal welfare activities, to contribute constructively in the process of re-examination of the entire matter by the concerned authorities.
With the observations foregoing, these petitions stand disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Snb/