IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.25345 OF 2018 (LB-BMP) PIL BETWEEN:
MR.L.SRINIVASAN AGED 60 YEARS S/O MR.LOGANATHAN RESIDING AT #2, 12TH CROSS 4TH MAIN, VASANTHNAGAR BANGALORE – 560 052 (BY SRI ARAVIND JAIN, ADVOCATE) AND:
1. THE JOINT DIRECTOR ANIMAL HUSBANDRY – BBMP (MUNICIPALITY OF BANGALORE) BANGALORE – 560 001 2. THE BBMP (MUNICIPALITY OF BANGALORE) HUDSON CIRCLE, BANGALORE – 560 001 REP. BY ITS COMMISSIONER 3. ANIMAL WELFARE BOARD OF INDIA (‘AWBI’) ... PETITIONER A CENTRAL GOVT. BODY FOR ANIMAL WELFARE C/O NATIONAL INSTITUTE OF ANIMAL WELFARE PO 42, K.M.STONE, DELHI-AGRA HIGHWAY FARIDABAD, HARAYANA – 121 004 REPRESENTED BY ITS CHAIRMAN ... RESPONDENTS (SRI S.H.PRASHANTH, ADVOCATE FOR RESPONDENT NOS.1 AND 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BBMP TO CONDUCT ALL ABC PROGRAMS UNDER THE SUPERVISION OF A MONITORING COMMITTEE AS ENACTED IN ANNEXURE-H AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER This petition is filed in the nature of public interest litigation seeking for a direction to the Bruhat Bengaluru Mahanagara Palike to conduct all ABC programs under the supervision of the Monitoring Committee.
2. This Court, while dealing with a petition involving similar question has passed following order on 22.10.2018 in W.P.No.41204/2018:
“When the matter is pending before the Supreme Court, it does not appear appropriate to entertain this petition as a PIL in this Court. Hence, and without any other comment, we decline to entertain this petition in this Court.
The petition stands disposed of with the aforesaid observations.”
3. In view of the above, this petition stands disposed of with liberty to the petitioner to move this Court after disposal of the SLP before the Hon’ble Supreme Court.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB