Gopi Chand Rathi v. The Commissioner, MCD & Anr.

1. The petitioner by way of present writ petition seeks return/release of cow and calf, which were seized by the respondent- MCD on 4th August, 2008. The allegation of the petitioner is that the respondents along with police officers from CRPF had barged into his house and took the cow and the calf alleging that they were stray animals.

2. The respondents in their counter affidavit, on the other hand, have pointed out that action was taken by them against street cattle pursuant to directions issued by this Court in W.P. (C) No. 3791/2000 titled Comman Cause Society versus Union of India and Others. It is stated that stray cattle menace has been subject matter of several orders passed by the Court in the said case. It is also stated that the cow and the calf in question were found on the street and were impounded on 4th August, 2008 with the help of police. In terms of the directions issued in the aforesaid writ petition, the rounded up cows 2010:DHC:274 and their progeny were/are not being released but are deported to various Gosadans/Gaushalas. The petitioner was accordingly informed vide letter dated 23rd October, 2008.

3. In view of the facts stated by the respondent-MCD in their counter affidavit, I do not find any merit in the present writ petition. The petitioner is residing in Brahmapuri in East-Delhi, which is a congested and thickly populated. It is impossible to believe that a person will keep a cow and a calf in the said locality. The said area does not have grazing grounds where cattle can be left out. Obviously the petitioner’s cattle was found to be loitering around on the street and were apprehended after the drive was initiated by the respondents against stray cattle. The writ petition is dismissed.

SANJIV KHANNA, J. JANUARY 19, 2010 VKR