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 punished with fine which may extend to twenty five rupees.

(2). Special provisions have been made for dogs under Section 208 by which the Board may take possession of any dog found wandering unmuzzled in any public place and may either detain such dog until its owner has claimed it, has provided a proper muzzle for it and has paid all the expenses of its detention or cause to be destroyed.

(3). By this writ petition, a prayer is made to take custody of the animals roaming in public roads and places. It is stated that no appropriate steps have been taken by the respondents restraining the roaming of number of animals on the roads, hospitals, railway station, High Court premises and in the city. This not only creates hinderance in the public transport but also has created a havoc amongst the public as the roaming dogs, pigs, oxes, cows, camels, buffaloes, donkeys etc. are dangerous to the people and children. Numerous incidents and accidents have taken place regarding the biting and assulating by the aforesaid animals for which the publicv at large has to suffer. Even the persons who are going for morning walk have been the victim of biting by street dogs. Buffaloes and cows are roaming or sitting on important chorahas and every public places. This has not only resulted in erosion of the beauty of the city but ecological balance is also disturbed. The pollution created by these animals on the road is nothing but a public nuisance and a common man is deprived of his right to life guaranteed under Article 21 of the Constitution of India. It is stated that only a day earlier, life of one old man was taken by stray animals. Similar incidents have occurred in the past and the respondents are not discharging their duties.

(4). Reliance has been placed on the decision in the case of Municipal Council, Ratlam vs. Vardhichand and Others (1), wherein it was observed that `a responsible municipal Council constituted for the precise purpose of preserving public health and providing better finances cannot run away from its principal duty by pleading financial inability. Decency and dignity are non- negotiable facets of human rights and are a first charge on local self-governing bodies. Similarly, providing drainage system not pompous and attractive, but in working condition and sufficient to meet the needs of the people-cannot be evaded if the municipality is to justify its existence. A bare study of the statutory provisions makes this position clear. In this case it was observed that even by abating the affirmative acts, the action can be taken u/S. 188 I.P.C.

(5). Reliance has also been placed on the decision given in the case of Rampal vs. State of Rajasthan (2), wherein it was observed that `when the statute impose a duty, the performance and non-performance of which i

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