ORDER :

This Writ Petition is filed to declare the action of the respondents in denying permission to organize ‘banda laagudu poteelu’ (bull race), ‘pouranika natakam’ (mythological play) and use of loud speakers for the said play on 11.04.2023 in Remata village, Kurnool District”.

2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home/ R1.

3. The brief facts leading to filing of the present writ petition. The petitioner submitted that since time immemorial, an Urusu is being organized in their village in the month of April in the memory of Sri Sri Sri Gokaramayya swami. Along with the Urusu, it has also been a tradition to organize competitions involving farmers. Continuing the said tradition, an Urusu is scheduled to be held in their village, i.e. Remata from 10.04.2023 to 12.04.2023. All the elders of the village have decided to conduct the Urusu in a peaceful manner. As part of the Urusu certain cultural and sports activities are also being conducted in their village this time as well.

Accordingly, the petitioner had sought permission of the police personnel for the purpose of organizing bull race and mythological play on 11.04.2023, subsequently they have also issued representations dated 08.04.2023 and 09.04.2023 sought permission. The respondents have denied the permission for the aforementioned by way of an endorsement dated 09.04.2023 and have made the following remarks.

“Basing on the report of SI, Gudur PS, we are not giving permission on bull races and pouranika natakam due to which these days have heavy BB duties i.e., SSC exams and Town BB duties because there have been many fights and murders in Gokaraya Urusu earlier and there will be disturbance of law and order there. According to the Intelligent report, there is a chance of riots and fights in this Urusu too. In the recently held auction of God’s Manyam Farms, small incidents have started in the village.”

4. Learned counsel for the petitioner submitted that the permission has been improperly refused to conduct both bull race and mythological play to be organized today, when the police were approached by the villagers seeking permission to perform their long standing traditional celebration in their village. He further submitted that no force is used to the animals to participate in the game since it is meant for exhibiting the strength of the bulls and no violence is involved in this case like a Jalli Kattu game. He further added that the bulls will be encouraged and not lashed to pull the weight attached to them and it does not amount to subjecting the animal to pain or suffering. In so far as the play is concerned, he submitted that the petitioner is ready to give undertaking that it would be conducted peacefully under the surveillance of the police and the earlier instances which are cited in the objections by the police are mere past about three decades ago. It is also submitted that every year celebrations are held and even today everything was made ready to conduct the game but in view of the refusal to give permission by the police, the petitioner is awaiting the permission. He further submitted that in the objection raised by the police, no objection was raised with regard pain to animals as per Section 11 (1) of the Prevention of Cruelty to Animals Act, 1960, but now such contention is being raised.

5. Learned Government Pleader for Home-II representing respondent Nos. 1 to 4 opposed the petition submitting that the provisions of Prevention of Cruelty to Animals Act, 1960 vide Sections 3 and 11 (1) would not allow the petitioners to conduct this kind of game involving bulls and in that connection he has drawn the attention of this Court the definition of ‘domestic animal’ in Section 2(d), 3 and 11 (1) (a), (m) and (n) of the Act, and also to the decision of the Supreme Court in Animal Welfare Board of India Vs. A. Nagaraju1. He has further submitted in so far as the play is concerned, as per the instructions