Court No. - 34
Case :- WRIT - A No. - 1290 of 2019 Petitioner :- Raza Hussain Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Sunil Kumar Srivastava, learned counsel for petitioner and learned Standing Counsel for State-respondent.
2. Admittedly, petitioner is keeping nine cattle (i.e. 8 buffaloes and 1 cow) at Plot no.128/H/212, Kidwainagar, Kanpur Nagar. Nagar Nigam, Kanpur authorities found that on account of evacuation of feces/urine by said cattle entire area is highly polluted and likely to cause infectious disease, therefore, applying provisions of Uttar Pradesh Nagriya Sthaniya Nikaay (Apdushan Kaarak Pashuon ke Viniyaman aur Niyantran) Niyamawali 2004 (hereinafter referred to as 'Rules, 2004), petitioner has been directed to remove cattles from aforesaid area and take out of territory of urban area of Kanpur Nagar, otherwise petitioner would be liable to pay fine Rs.500 per day.
3. Counsel for the petitioner did not dispute that petitioner is keeping aforesaid cattles at the area. With regard to pollution being created by keeping said cattles there is no denial in entire writ petition.
4. In view of aforesaid and looking into the fact that Authorities are trying to implement statutory provisions, we do not find that petitioner has any legal right to seek a mandamus to continue keeping of the cattles at disputed place for some further time.
5. Dismissed.
Order Date :- 28.2.2019
Manish Himwan