Rajasthan High Court - Jodhpur
Assistant Conservator Of Forest, ... vs State Of Rajasthan on 23 September, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3723/2022 Assistant Conservator Of Forest, Department Of Forest, Goverment Of Rajasthan, District - Dungarpur.
----Petitioner Versus
1. State Of Rajasthan, Through P.P.
2. Azad S/o Aas Mohammed, R/o Asalatpur Farooq Nagar, Gaziabad, Uttar Pradesh (Power Of Attorney Holder).
----Respondents For Petitioner(s) : Mr. Digvijay Singh Jasol For Respondent(s) : Mr. S.K. Bhati, Public Prosecutor Mr. Javed Khan with Mr. Abhinav Jain for complainant Mr. Mukesh Rajpurohit, Dy. Solicitor General with Mr. Prakash Raika JUSTICE DINESH MEHTA Order 23/09/2022
1. The matter comes up on board for consideration of the application filed by the petitioner-State for issuance of appropriate direction qua clause B of the prayer clause, in view of the order dated 24.06.2022, passed by coordinate Bench of this Court.
2. Without getting into the detail facts which are not germane for the present application, suffice it to mention that pursuant to letter dated 13.12.2021, the petitioner - Assistant Conservator Of Forest, Department Of Forest, Goverment Of Rajasthan, Dungarpur intercepted an elephant which was with respondent No.2, who claims to have a duly executed power of attorney in his favour from one Billu Khan (owner of the elephant) and in whose (Downloaded on 24/09/2022 at 12:06:23 AM) (2 of 3) [CRLMP-3723/2022] favour an ownership certificate No.1849, dated 21.07.2005 was issued by the competent authority.
3. After interception and seizure, the elephant in question is lying with the petitioner since 21.11.2021.
4. The petitioner has moved the present application to handover the elephant to the Elephant Conservation Care Centre & Hospital, Mathura, Uttar Pradesh.
5. Mr. Digvijay Singh Jasol, learned counsel for the petitioner submitted that for last 9 months, the elephant is lying in the custody of the petitioner, who is finding it difficult to maintain it for want of requisite resources and expertise.
6. Mr. Khan learned counsel for the respondent No.2 on the other hand requested that the elephant be sent to Radhe Krishna Temple Elephant Welfare Trust Jamnagar.
7. Neither petitioner's counsel nor the counsel for the respondent No.2 is able to apprise the Court as to whether any proceeding has been initiated by the Chief Wildlife Warden, Lucknow, Uttar Pradesh (hereinafter referred to as "the authority") qua the elephant in question.
8. Considering that the welfare of the elephant is at peril, this Court deems it appropriate to direct respondent No.2 to file a representation before the authority at Uttar Pradesh within a period of one week from today along with all requisite documents and a copy of the order instant.
9. On receipt of the representation, the authority at Uttar Pradesh shall examine the representation and if needed shall visit the elephant at Dungarpur within a period of 15 days from the receipt of representation and inquire about the allegations levelled (Downloaded on 24/09/2022 at 12:06:23 AM) (3 of 3) [CRLMP-3723/2022] and facts mentioned in the letter dated 13.12.2021 written by the officer In-charge of the Forest Department, Hamirpur.
10. On the inquiry being conducted, if he finds that the elephant in question was being legally carried by the respondent No.2, he shall issue specific order permitting the respondent No.2 to take the elephant in accordance with law.
11. In case he finds that the elephant in question was not being carried by the respondent No.2 in accordance with law, he shall pass a reasoned order and send it to this Court while sending a copy of the same to the petitioner.
12. List this case on 04.11.2022, as prayed.
13. It will be required of Mr. Jasol to send a copy of this order to the authority at Uttar Pradesh.
(DINESH MEHTA),J 235-Ramesh/-
(Downloaded on 24/09/2022 at 12:06:23 AM) Powered by TCPDF (www.tcpdf.org)