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2025 Supreme(Raj) 2591
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pushpendra Singh Bhati, Bipin Gupta, JJ.
Shri Goshala Samiti - Petitioner
Versus
State Of Rajasthan, Through Secretary, Department Of Gopalan - Respondent
D.B. Civil Writ Petition No. 5643 of 2023
Decided On : 10-12-2025
For the Petitioner: Mr. Moti Singh
For the Respondent: Mr. Ravindra Jala for Mr. S.S. Ladrecha, AAG, Dr. Praveen Khandelwal, AAG
The court affirmed that Clause XIX of the Guidelines is a reasonable safeguard against misuse of public funds, ensuring financial assistance is only granted to Goshalas with resolved legal disputes.
Headnote:(A) Constitutional Law - Article 14 and Article 21 - Gosanrakshan and Samvardhan Nidhi Rules, 2016 - Public Interest Litigation concerning denial of assistance to Goshalas due to Clause XIX of guidelines - Clause prohibits grants if land disputes are pending in court; challenged as arbitrary. (Paras 1, 6, 8, 11).
(B) Welfare of Cattle - Purpose of Rules of 2016 is to ensure welfare of cattle, ensuring adequate support and medical facilities; Clause XIX challenged for its impact on cattle welfare. (Paras 3.2, 3.4).
Facts of the case:
Petitioner claimed that financial assistance to recognized Goshalas was denied due to Clause XIX of the guidelines, which they argued was harsh and arbitrary, despite fulfilling eligibility criteria under the Rules of 2016.
Findings of Court:
Court upheld the validity of Clause XIX, deeming it a reasonable safeguard to prevent misuse of public funds until legal disputes are resolved.
Issues: The primary legal question concerned the legality of Clause XIX in the context of withholding grants based on pending land disputes and its implications for animal welfare.
Ratio Decidendi: The court reasoned that the Clause serves a legitimate purpose in safeguarding public funds and ensuring that only those with lawful management receive assistance, thus not infringing on rights under Articles 14 and 21.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. pil filed concerning cattle welfare funding. (Para 1 , 2) |
| 2. petitioner's arguments against clause xix's impact. (Para 3) |
| 3. respondents' justification for clause xix. (Para 4) |
| 4. court's review of clause xix's rationale. (Para 5 , 6 , 7 , 8) |
| 5. judicial limits on policy intervention. (Para 9 , 10) |
| 6. dismissal of writ petition; decision upheld. (Para 11 , 12) |
JUDGMENT :
Pushpendra Singh Bhati, J.
1. The present writ petition (PIL) has been preferred under Article 226 of the Constitution of India, claiming the following reliefs:
“It is therefore, humbly prayed on behalf of petitioner that this writ petition for Public Interest Litigation may kindly be allowed and by an appropriate, writ, order or direction may kindly be issued to respondent and the following directions may kindly be passed for purpose to saving the life of the Cows and calf living with the Goshalas of the State of Rajasthan.-
a) That by an appropriate writ direction the State of Rajasthan may kindly be directed to provide the assistance/ grant to all recognized Goshala if they fulfill the conditions of the guidelines dated 03.03.2023 while exclude the clause 19 of the guideline dated 03.03.2023
b) That by an appropriate writ, direction and order, the clause XIX of the guideline dated 03.03.2023 (annex-12) issued by department of Gopalan may kindly be declared illegal, against the Rules and same may be set aside.
c) That by an appropriate writ, direction and order the Gopalan Department may kindly be directed to not debar to any Goshala for obtaining the grant/assistance under the Rules of 2016 on the account of pending disputes with regard to title of the land or executive committee.
d) That any other relief, which this Hon’ble Court deems fit, by which the petitioners may get full justice may also be allowed.”
2. The principal issue arising for consideration in the present writ petition concerns the denial of financial assistance and grants under the Gosanrakshan and Samvardhan Nidhi Rules, 2016 (hereinafter referred to as the ‘Rules of 2016’) to Goshalas that are otherwise eligible, inasmuch as they possess valid registration certificates, are duly recognized by the Gopalan Department, and fulfill all requisite conditions prescribed under the Rules, except for compliance with Clause XIX.
2.1. The Rules of 2016 envisage the creation of a dedicated fund for the conservation, protection and development of Goshalas, ensuring support for cattle welfare. However, Clause XIX stipulates that no grant shall be released to any registered Goshala if any dispute relating to land or the executive committee is pending before a competent court. The controversy therefore centers around the petitioner’s grievance that this exclusionary bar under Clause XIX operates harshly and arbitrarily, resulting in denial of essential financial assistance despite fulfillment of all substantive eligibility criteria.
3. Learned counsel appearing on behalf of the petitioner submitted that the present PIL has been filed to safeguard the welfare and survival of cows and calves in Goshalas across the State of Rajasthan, many of which are facing severe hardship due to denial of financial assistance under the Rules of 2016 despite the Rules being intended to ensure adequate fodder, medical facilities, and maintenance for cattle.
3.1. Learned counsel further submitted that several Goshalas, though duly registered, recognised by the Gopalan Department, and complying with all eligibility conditions under the Rules of 2016, have been denied grant-in-aid solely due to Clause XIX of the Guidelines dated 03.03.2023, which prohibits release of grants to any Goshala with a pending dispute relating to land or its executive committee before a competent court.
3.2. Learned counsel also submitted that the restriction imposed by Clause XIX is unreasonable and arbitrary, as internal civil or administrative disputes cannot justify withholding assistance essential for the survival and welfare of cattle.
3.3. Lea
