Uttarakhand High Court
WPPIL/84/2017 on 10 May, 2023
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes,
reports, orders
or proceedings
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Date or directions COURT'S OR JUDGES'S ORDERS
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and Registrar's
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10.05.2023 WPPIL No. 84 of 2017
Hon'ble Vipin Sanghi, C.J.
Hon'ble Rakesh Thapliyal, J.
Mr. Gopal K. Verma, learned counsel for the petitioner.
Mr. S.S. Chauhan, learned Deputy Advocate General for the State of Uttarakhand.
Mr. D.S. Patni, learned Senior Counsel assisted by Mr. Dharmendra Barthwal, learned counsel for the Nagar Palika Parishad, Nainital.
Ms. Gauri Maulekhi, party-in-person.
The matter was directed to be listed before the Court in the light of the News Article published in the "Times of India" newspaper on 30.04.2023, which reported that there have been 111 dog bite cases in Nainital, in the month of April alone. Another News Article published in "Dainik Jagran" newspaper shows that there have been 45 dog bite cases in Nainital in one week of the month of March, 2023 alone.
This is despite our order dated 03.11.2022, directing the respondents to identify dogs, which have a history of dog bites, or are aggressive, and about whom, there are complaints made by the citizens, to be confined to a dog pound. Obviously, our order has not been implemented.
Mr. Patni, learned Senior Counsel, who appears for the Nagar Palika Parishad, Nainital submits that the Nagar Palika Parishad did not have a dog pound to keep even the 17 dogs, who had earlier been identified as dangerous or ferocious, and a communication was issued by the Nagar Palika Parishad to the District Magistrate, Nainital to provide an open space for creation of a dog pound, on 31.12.2022, to be able to comply with the order dated 03.11.2022.
We are not satisfied with this explanation furnished by the Nagar Palika Parishad, Nainital. If the said Nagar Palika Parishad was finding it difficult to implement our order, the only correct thing for the said Nagar Palika Parishad to do was to approach this Court again. Non-availability of a dog pound with the Nagar Palika Parishad, cannot be cited as a reason for non- compliance of our order. Clearly, there has been a wilful and deliberate non-compliance of our order, and this calls for initiation of contempt proceedings against the Executive Officer of the Nagar Palika Parishad, Nainital.
Since the Nagar Palika Parishad, Nainital had also communicated the non-availability of land for keeping such dogs to the District Magistrate, who was also bound to implement our order, and he has also not acted on the communication dated 31.12.2022, above referred to, he too appears to be guilty of non- compliance of our order.
Consequently, we issue notice to the Executive Officer of the Nagar Palika Parishad, Nainital, as well as to the District Magistrate, Nainital, to show-cause as to why contempt proceedings be not initiated against them. They are directed to remain present in Court on the next date.
On the next date, the respondents should place before this Court, the month-wise details of dog bites reported in Nainital district from November, 2022 onwards, as well as the number of complaints received regarding dog bites and dog attacks from the people.
List on 12.05.2023.
A certified copy of this order be provided to the learned counsel for the parties by the end of the day.
(Rakesh Thapliyal, J.) (Vipin Sanghi, C.J.) 10.05.2023 10.05.2023 Rahul