People for the Ethical Treatment of Animals (Peta) India v. The State of Assam and 2 Ors

ORDER Date : 06.02.2024

Heard Mr. D. Das, learned Senior Counsel assisted by Mr. D.J. Das & Ms. A. Kadia, learned counsel for the applicant-writ petitioner and Mr. D. Nath, learned Senior Government Advocate, Assam for the opposite party-respondent nos. 1 & 2.

¶2Mr. Das, learned Senior Counsel has submitted that pursuant to the order dated

01.02.2024, the applicant-writ petitioner submitted a representation before the District Commissioner, Nagaon stating the details where a Buffalo Fight [Moh-Juj] was proposed on

04.02.2024.

¶3Mr. Nath, learned Senior Government Advocate, Assam has placed a Communication bearing no. NMM 28/2023/300 dated 05.02.2024, addressed to him by the District Commissioner, Nagaon. Mr. Nath has further submitted that the office of the District Commissioner, Nagaon obtained a Report from the Superintendent of Police, Nagaon wherein it is reported that no Buffalo Fight [Moh-Juj] was organized on 04.02.2024 and 05.02.2024 at Page No. 3/3 Hatigarh Singimari Pathar, District – Nagaon. It is further reported by the Superintendent of Police, Nagaon, a copy of which has also been enclosed therewith, that the organizer did not seek any permission for holding Buffalo Fight [Moh-Juj] in any area within Hatigarh Singimari Pathar, District – Nagaon.

¶4Mr. Das, learned Senior Counsel has submitted that the applicant-writ petitioner had also made an enquiry and has found that the holding of Buffalo Fight [Moh-Juj] at any place within Hatigarh Singimari Pathar, District – Nagaon on 04.02.2024 could be prevented.

¶5In view of the above, this Court is of the considered view that since the instant interlocutory application has been preferred in respect of a particular Buffalo Fight [Moh-Juj] proposed to be held on 04.02.2024 and finally, no Buffalo Fight [Moh-Juj] was held on

04.02.2024 at the place indicated in the application, this application is not required to be further proceeded with. Accordingly, it is closed.

JUDGE Comparing Assistant

PageoNo.o1/3 GAHC010017262024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/278/2024o PEOPLEoFORoTHEoETHICALoTREATMENToOFoANIMALSo(PETA)oINDIA REPRESENTEDoBYoONEoOFoITSoDIRECTOR oKHUSHBOOoGUPTA oAGEDoABOUTo35oYEARS oWIFEoOFoSHUBHAMoSACHDEVA oPRESENTLYoWORKINGoASoDIRECTORoOFoADVOCACYoPROJECTSoINoo PEOPLEoFORoTHEoETHICALoTREATMENToOFoANIMALSo(PETA) oINDIA oHAVINGoITSoREGISTEREDoOFFICEoAToF-110 1SToFLOOR oJAGDAMBAoTOWER oPLOToNO.o13 oCOMMUNITYoCENTRE oPREEToVIHAR oNEWoDELHI-o110092. oVERSUS THEoSTATEoOFoASSAMoANDo2oORS. REPRESENTEDoBYoITSoCHIEFoSECRETARY oGOVERNMENToOFoASSAM oBLOCK-C o3RDoFLOOR oASSAMoSACHIVALAYA oDISPUR-o781006 oGUWAHATI 2:COMMISSIONERoANDoSECRETARY HOMEoANDoPOLITICALoDEPARTMENT oGOVERNMENToOFoASSAM o2NDoFLOOR oCMSoBLOCK oASSAMoSECRETARIAT Page No. 2/3 DISPUR GUWAHATI-6 3:ANIMAL WELFARE BOARD OF INDIA THROUGH DR. O.P. CHAUDHARY CHAIRMAN AWBI AND JOINT SECRETARY MOFAHD 42 KM STONE DELHI-AGRA HIGHWAY NATIONAL HIGHWAY-2 VILLAGE- SEEKRI BALLABHGARH FARIDABAD HARYANA- 121004 INDIA Advocate for : MR. D DAS SR. ADV Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY