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1997 Supreme(Raj) 533

V.K.SINGHAL
Sanjay Phophaliya – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Manoj Bhandari, for Petitioner Ramesh Joshi on behalf of Kailash Joshi and G.K. Vyas, for Respondents

Honble SINGHAL, J.–To leave the animals stray on roads is an offence and not to catch them by the Municipal Authorities is negligence. Under Section 98 of the Rajasthan Municipalities Act, 1959, a duty has been casted on the Board to make reasonable provisions for cleaning public streets, places and sewers, and all spaces, not being private property, which are open to the enjoyment of the public, whether such spaces are vested in the board or not, removing noxious vegetation and abating all public nuisances. Section 229 provides that whoever tethers cattle or other animals, or causes or suffers them to be tethered, by any member of his family or household in any public street or place so, as to obstruct or endanger the public traffic therein or to cause a nuisnace or causes or suffers such animals to stray about without a keeper, shall be punished with fine which may extend to twenty-five rupees. It is further provided that whoever keeps any swine, or causes or suffers them to stray about in public streets and places, so as to be a nuisance or a source of discomfort, inconvenience or annoyance to the inhabitants of the municipality or of such public streets and places shall be puni










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