V.M.KANADE, M.S.SONAK
Arif Usman Kapadia – Appellant
Versus
State of Maharashtra Through the Ministry of Animal Husbandry – Respondent
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,
District Registrar and Collector
HinsaVirdohak Sangh vs. Mirzapur Moti Kuresh Jamat and Others (2008) 5 SCC 33
AkhilBharat Goseva Sangh (3) vs. State of A.P and Others (2006) 4 SCC 162)
Mohd. Arif alias Ashfaq vs. Registrar
BhaveshD. Parish and others vs. Union of India and another (AIR 2000 SC 2047)
Smt. Meneka Gandhi vs. Union of India and another (AIR 1978 SC 597)
National Legal Services Authority vs. Union of India and Others (2014) 5 SCC 438)
Gobind vs. State of Madhya Pradesh and another (1975) 2 SCC 148)
Suchita Srivastava and another vs. Chandigarh Administration (2009) 9 SCC 1)
Health for Millions vs. Union of India and Others (2014) 14 SCC 496)
State of Gujarat and Others vs. Akhil Gujarat Pravasi vs. Mahamandal and Others (2004) 5 SCC 155)
Indian Handicrafts Emporium and Others vs. Union of India and Others (2003) 7 SCC 589)
Om Prakash and Others vs. State of U.P and Others (2004) 3 SCC 402)
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