IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29184 OF 2019 (GM-RES) BETWEEN:
GAU GYAN FOUNDATION JATT HOUSE, VILLAGE DHOOL SIRAS NAJAFGARH, NEW DELHI-110077 REPRESENTED BY MISS KAVITHA JAIN.
(BY MR. RAJU R. GUPTA, ADV., FOR MR. GIRISH PATIL, ADV.,) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES, VIKAS SOUDHA BENGALURU-560 001.
2. THE OFFICE OF THE DEPUTY DIRECTOR HALLIKAR CATTLE BREEDING STATION KUNIKENAHALLI, TURUVEKERE TALUK TUMKUR-572 227 (REP BY DR G.V. MANJUNATH). (BY SMT. PRATHIMA HONNAPURA, AGA) … PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION NOTICE PUBLISHED IN 'VIJAYAVANI' NEWSPAPER DATED 27TH JUNE, 2019, FOUND AT ANNEXURE-B. DIRECT THE R-2 TO RESTRICT THE AUCTION ONLY TO A GAUSHALA, ANIMAL WELFARE ASSOCIATION OR NGO & ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Raju R.Gupta, learned counsel for the petitioner.
Mr.Prathima Honnapura, learned Additional Government Advocate for respondent.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this writ petition, the petitioner inter alia seeks a writ of certiorari for quashing the action auction notice published in daily newspaper in Vijayavani dated 27.06.2019 to restrict the auction only to a Gushala Animal Welfare Association or NGO.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the controversy involved in this writ petition is squarely covered by an order dated 12.11.2009 passed by Division Bench of this Court. The aforesaid legal position is not fairly disputed by learned Additional Government Advocate.
5. In view of the aforesaid submissions and for the reasons assigned by the Division Bench of this Court tin order dated 12.11.2009, the writ petition is disposed of with the following directions:
(i) The Authorities constituted under the Mysore (Prevention of Cow Slaughter and Cattle Preservation) Act, 1964 are directed to implement the provisions of the said Act, strictly in accordance with law.
(ii) The second respondent, in the event, when any cow or cattle cannot be put to any further use for research purpose, shall notify for disposal to Go-Shalas or any Non-Governmental Organisations or welfare organizations;
(iii) The petitioner is also liberty to participate in such auction.
Subject to the observations made above and with a direction to strictly comply with the conditions mentioned in such Notification, writ petitions are disposed of.
Needless to state that in respect of auction notice, which has been published in the daily newspaper dated 27.06.2018, the respondent shall follow the directions which have been issued supra.
With the aforesaid directions, petition is disposed of.
Sd/- JUDGE SS