Himachal Pradesh High Court
Saurabh Ahluwalia vs . State Of H.P. on 29 March, 2022
Bench: Tarlok Singh Chauhan, Sandeep Sharma
Saurabh Ahluwalia Vs. State of H.P. .
CWP No. 334 of 2022 29.3.2022 Present: Ms. Ragini Dogra, Advocate, for the petitioner.
Mr. Vinod Thakur and Mr. Shiv Pal Manhans, Addl. A.G. with Mr. Y. S. Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the r respondentState.
Mr. Naresh K. Gupta, Advocate, for respondents No. 5 and 6.
Reply stands filed on behalf of respondents No.5 and 6, which goes to reveal that the Municipal Corporation received numbers of complaints, relating to sick/injured and biting street dogs, on account of which it took extensive steps for sterilizing the stray dogs. However, since there was no material on record, at the time of filing of petition, to indicate that such sterilization was done in accordance with the procedure laid down under the law, therefore sterilization was stayed by this Court vide order dated 11.1.2022.
2. The respondents No. 5 and 6 have filed their reply wherein they have clearly stated that the society in the name and style of 'The Stray Dogs Birth Control Society, Shimla, Municipal Corporation"
::: Downloaded on - 30/03/2022 20:16:16 :::CIS(SDBCS, SMC) was formed in the year 2005 for .
conducting Animal Birth Control and Anti Rabies (ABCAR) Programme. The said society has adopted a scientific effective and humane method based upon the guidelines of Animal welfare Board of India under Animal Birth Control (Dogs) Rules, 2001. Under these Rules, the stray dogs are caught, sterilized and vaccinated with Rabies vaccine and thereafter released in the same area from where they were caught. However, after inception of Animal Birth Control and Anti Rabies (ABCAR) Programme, the respondent Corporation through respondent No. 6 have taken up the work of street dog sterilization and vaccination on priority basis and have constructed dog kennels at ABCAR Centre at Panjari (Tutikandi) Shimla to keep dogs for pre and post operative procedures.
3. In view of the specific averments made in the reply, duly supported by an affidavit of the Commissioner, Municipal Corporation, Shimla, we deem it proper to vacate the interim order dated 11.1.2022.
4. However, we make it absolutely clear that the respondentCorporation shall abide by ::: Downloaded on - 30/03/2022 20:16:16 :::CIS the averments made in the affidavit and in case any .
lapse or default is found, then the deponent of the affidavit filed on behalf of respondentCorporation shall be liable to be proceeded against, in accordance with law.
CMP No. 3180 of 2022The applications are allowed and the respondentState is permitted to file reply within four weeks. The application stands disposed of.
CMP No. 2231 of 2022In view of order passed in CMP No. 3180 of 2022, the instant application is rendered infructuous and the same is dismissed as infructuous.
CWP No. 334 of 2022List on 10.5.2022.
(Tarlok Singh Chauhan) Judge (Sandeep Sharma) Judge March 29, 2022 (Kalpana) ::: Downloaded on - 30/03/2022 20:16:16 :::CIS