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2015 Supreme(Bom) 689

V.M.KANADE, M.S.SONAK
Arif Usman Kapadia – Appellant
Versus
State of Maharashtra Through the Ministry of Animal Husbandry – Respondent


Advocate Appeared:
For the Petitioners:Firoz Bharucha i/b Pratap Nimbalkar, Aspi Chinoy, Senior Counsel alongwith Navroz Seervai, Senior Counsel, Gulnar Mistry alongwith Khalid Khimnani, Rishika Rajyadhyaksha, Ryan Mendes i/b Nikhil Sansare, Mihir Desai alongwith Sunil Dighe i/b Vijay Hiremath, Rebeca Gonsalves, Ahmad Abdi, Ashok Asthana, Rakesh Kumar alongwith Laxminarayan Shukla, Bharat Jain, Manoj Singh, Raju Gupta, Shobha Mehra i/b M/s Legal Vision, Dhrutiman S. Joshi alongwith Sampanna Walawalkar, Harish Pandya alongwith Raju Gupta i/b Raju Gupta, Prafulla Shah, Subhash Jha alongwith Ghanshyam Upadhyaya, Rushita Jain, Ashish Shukla, Shreenath, Sunny Punamiya i/b Law Global, A.K. Jain, Manav Kalyan Jeev Daya Charitable Trust, Advocates.
For the Respondents:R1, Sunil Manohar, Advocate General alongwith Ashutosh Thipsay, Sunil Manohar, Advocate General alongwith Ashutosh Thipsay, Advocates, H.S. Venegaonkar Anjali Helekar, AGP.
For the Interner:D.V. Saroj, Advocate.

Judgment :-

V.M. Kanade, J.

1. Since the issue involved in all these Writ Petitions is identical, they can be conveniently heard together.

2. By these Petitions which are filed under Article 226 of the Constitution of India, Petitioners are seeking a declaration that Sections 5D and 9A of the Maharashtra Animal Preservation Act, 1976 as amended by recent Animal Preservation [Amendment] Act, 1995 which was granted assent by the President of India on 26/02/2015 and published in the Government Gazette on 04/03/2015 is unconstitutional and for further direction, directing the Respondents not to take any steps or action on the basis of the impugned provisions of Sections 5D and 9A of the said Act and for interim relief granting stay to the operation of the said provisions pending the hearing and final disposal of these Petitions.

3. Petitioner in Writ Petition (L) No.982 of 2015 is a Senior Advocate practicing in this Court and he being aggrieved by the Amendment Act, 1995 which was brought into force with effect from 04/03/2015 has filed this Petition challenging the said Sections 5D and 9A of the said Act, 1976.

4. The State of Maharashtra enacted the Maharashtra Animal Preservation Act,



















































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