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2024 Supreme(Raj) 542
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI, J.
Shree Krishan Gaushala Samiti Seowa, through President- Mahaveer Prasad Sharma, S/o. Shri Sitaram Ji - Petitioner
Versus
State of Rajasthan, through Secretary, Department of Gopalan Government of Rajasthan and Ors. - Respondents
S.B. Civil Writ Petition No. 1315 Of 2024
Decided On : 28-05-2024
For the Petitioner: Mr. Moti Singh
For the Respondents: Mr. Piyush Bhandari, for Dr. Praveen Khandelwal, AAG.
IMPORTANT POINT
The eligibility for financial assistance under the Rajasthan Cows Conservation and Propagation Rules is contingent upon strict compliance with the provisions regarding animal welfare, including proper maintenance, tagging, and disposal practices.
Headnote:
ANIMAL WELFARE - GAUSHALA GRANT DISBURSEMENT - RAJASTHAN COWS CONSERVATION AND PROPAGATION RULES, 2021; RAJASTHAN GAUSHALA ACT, 1960 - The court discussed the Rajasthan Cows Conservation and Propagation Rules, 2021, emphasizing the requirements for maintaining a Gaushala, including proper tagging of bovines, maintaining hygiene, and proper disposal of dead animals. The court found that the petitioner failed to comply with these provisions, leading to the rejection of the grant application. The interpretation of these rules highlighted the importance of maintaining animal welfare standards, which influenced the court's decision to dismiss the writ petition.
Fact of the Case:
The petitioner, a registered society operating a Gaushala, challenged the rejection of its grant applications for financial years 2022-23. The rejection was based on findings from inspections that revealed non-compliance with the Rajasthan Cows Conservation and Propagation Rules, including inadequate tagging of bovines and improper disposal of dead animals.
Finding of the Court:
The court found that the petitioner had repeatedly failed to adhere to the mandatory provisions of the applicable rules and guidelines, resulting in unhygienic conditions for the animals. The court noted that the petitioner did not provide sufficient evidence to support its claims regarding the number of bovines and their proper care.
Issues: Whether the petitioner was eligible for the financial assistance based on compliance with the Rajasthan Cows Conservation and Propagation Rules, and whether the rejection of the grant application was justified.
Ratio Decidendi: The court held that the petitioner’s failure to comply with the mandatory provisions of the Rajasthan Cows Conservation and Propagation Rules, including proper tagging and disposal of dead animals, justified the rejection of the grant application. The court emphasized that adherence to these rules is essential for the welfare of the animals and the eligibility for financial assistance.
Final Decision: The writ petition was dismissed, and the court directed the state to take necessary steps to transfer the existing bovines to a compliant Gaushala within one month.
ORDER :
(Nupur Bhati, J.) :
1. Though the matter has been listed in ‘Fresh’ category, at the joint request of both the parties, the matter is heard finally today itself.
2. This writ petition has been filed by the petitioner challenging the order dated 01.12.2023 (Annex.21) passed by the Joint Director, Animal Husbandry Department, Churu and also seeking directions to the respondent to release the grant of 1st Phase financial year 2022-23 (April, May and June 2022) and 2nd Phase of Financial Year 2022-23 (November, December 2022 and January and February 2023) in accordance with the physical verification as well as the application submitted by the petitioner. The petitioner also prayed that any kind of grant should also not be withheld in future, if the petitioner is found eligible.
3. Briefly stated, the facts of the petition are that petitioner Samiti is a registered society and is an eligible Gaushala receiving grants issued by the Gopalan Department in every phase from 2017 to 2021 (Annex.4) as per the number of cows in the Gaushala. Thereafter, in 2021, Rajasthan Cows Conservation and Propogation (Amended) Rules, 2021 (‘Rules of 2021’) (Annex.3) have been notified and subsequently, the respondent Department had issued Guidelines for the grant of the second phase of the financial year 2021-22 (January to March, 2022) dated 09.02.2022 (Annex.5).
4. In pursuance of the same, the Joint Director, Animal Husbandry Department, Churu issued communication dated 25.02.2022 (Annex.6) to all the Gaushalas of District Churu and advised them to upload their online application on or before 05.03.2022. Thereafter physical verification was done by the respondent department on various dates from 03.01.2022 to 12.04.2023, according to which report (Annex.7) the petitioner Gaushala was found having 738 bovines as on cut off date.
5. Thereafter, the petitioner uploaded application in the requisite performa seeking grant for the 1st phase of financial year 2022-23 (April to June, 2022) and the online application (Annex.8) was uploaded on 05.07.2022 and subsequently in the report dated 25.07.2022 (Annex.9), based on the physical verification, 682 xkSoa’k have been found. The petitioner also furnished details of the bill (Annex.10) for purchasing the fodder/grass.
6. On 18.03.2023, another online application was submitted by the petitioner for the grant of financial year 2022-23 (2nd phase November-December 2022 and January-February 2023) for 552 xkSoa’k and a bill (Annex.12) thereto for the fodder purchased have also been submitted. Subsequently, in the report dated 12.04.2023 (Annex.13) based on the physical verification, 522 xkSoa’k have been found.
7. On account of the grants not being sanctioned/released by the respondents, the petitioner filed a writ petition bearing SBCWP No.11996/2023, which was disposed of by this Court vide order 26.09.2023 (Annex.18) wherein the State Government assured the release of grant within 30 days. Thereafter, another inspection was made on 02.10.2023 wherein 290 xkSoa’k were found in satisfactory arrangement.
8. The petitioner further submitted representations for the release of grant however, vide order dated 01.12.2023 and communication dated 13.12.2023 (Annex.21), passed by the Joint Director, it was informed that the case of the petitioner had been decided in the light of the order passed by this Court dated 26.09.2023 and the same has been rejected on the ground that the Gaushala had not been shifted to other land.
9. Thus, aggrieved of the order dated 01.12.2023 (Annex.21) passed by the Joint Director, Animal Husbandry Department, Churu, the petitioner has preferred this writ petition.
10. Learned counsel for the petitioner submits that the order dated 01.12.2023 is illegal and bad in the eyes of law since the grant to the Gaushala has been provided under the Rules of 2016 and the rejection has been made beyond scope of the rules. He further submits that in the Guidelines (Annex.5), it has been clearly spe
