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Case Title:- Swasthishri Jinsen Bhattark Pattacharya,Mahaswami Sanstha Math (Karveer) Versus Union of India and Ors.

Case No:- Writ Petition No. 3713 OF 2024

Decided on:- 13th March,2024

Quorum:-A.S.CHANDURKAR & JITENDRA JAIN, JJ.

Facts of the case:-The elephant named Mahadevi (Madhuri) stated to be owned by the Petitioner is sought to be transferred to the Radhe Krishna Temple Elephant Welfare Trust. This direction has been issued in the light of the letter received from PETA for transfer of the aforesaid elephant.

Petitioner Contentions:-

It is submitted by the learned Counsel for the petitioner that the petitioner owns the said elephant and in terms of Section 40(2) of the Wild Life Protection Act, 1972 it has received a declaration to that effect. Without granting an opportunity of hearing to the owner, its elephant is being transferred. It is further submitted that adequate care of the elephant is being taken by the petitioner and its transfer is not warranted.

Respondent Contentions:-

The learned Counsel appearing for Respondent Nos. 1 and 3 to 5 seek time to obtain instructions. Mr. Singh, learned counsel submits that he has instructions to appear on behalf of the Respondent No. 6 trust in whose favour the transfer of the elephant has been directed. We find from the record that a declaration has been issued in favour of the petitioner under Section 40(2) of the Act of 1972. On the basis of the letter issued by PETA, the impugned order has been passed on 28/12/2023.

Court Analysis and Judgement:-

The High Power Committee is requested to consider the representation dated 7/2/2024 that has been made to it by the petitioner by taking a decision thereon within a period of fifteen days after giving opportunity to all concerned parties. The learned counsel appearing for Respondent No. 6  trust on instructions submits that till such time the representation is considered and decided, it would not take steps to transfer the said elephant to Jamnagar. In view of this statement made, Respondent Nos. 3 to 5 shall defer their action in this regard till such a decision is taken. It is clarified that this court has not expressed any opinion on the representation as made and the High Power Committee is free to consider all relevant aspects while deciding the representation. The action as would be proposed to be taken on the basis of the High Power The committee’s decision shall be given effect to after seven days from the communication of such a decision to the petitioner.

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Judgement Analysis Written by – K. Immey Grace

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