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2026 Supreme(Online)(Gau) 5761
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Manish Choudhury, J
SHREE GEETA GAUSHALA PARAMARTH SANSTHA – Appellant
Versus
THE STATE OF ASSAM – Respondent
WP(C)/329/2026
For the Appellants/Petitioners: B Borgohain, M M Zaman, A N Sarmah, S Chamaria
For the Respondents: GA, Assam, SC, Finance
The case examines the statutory obligation of the State Government to reimburse maintenance expenses for seized cattle entrusted to recognized shelter homes under Rule 12[4] of the Assam Cattle Preservation Rules, 2022.
Headnote:The petitioner, a registered cow shelter home recognized by the Animal Welfare Board of India, seeks reimbursement of maintenance expenses for seized cattle entrusted to its custody by competent courts. The claim is based on Rule 12[4] of the Assam Cattle Preservation Rules, 2022, with accumulated arrears amounting to Rs. 16,16,29,460/- as of 30.11.2024. The primary issue is whether the State Government is statutorily obligated under Rule 12[4] of the Assam Cattle Preservation Rules, 2022, to reimburse the maintenance expenses incurred by the shelter home for the care of seized cattle. The court is examining the validity of this statutory obligation. Issue notice, returnable on 11.03.2026.
| Table of Content |
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| 1. claim for reimbursement of cattle maintenance expenses under statutory rules. (Para 1 , 2) |
| 2. procedural issuance of notice and service of petition to respondents. (Para 3 , 4 , 5 , 6) |
ORDER
Heard Mr. S. Chamaria, learned counsel for the petitioner; Mr. M. Bhuyan, learned counsel appearing on behalf of Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 3; and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent no. 4.
2. The petitioner is a registered Gaushala/Cow Shelter Home, engaged in preservation, protection and welfare of cows and is duly recognised by the Animal Welfare Board of India. On the basis of directions given by Courts of competent jurisdiction, seized cattles were entrusted to the custody of the petitioner from time to time for their safe keeping, feeding, medical care, etc. As a result, an amount of Rs. 16,16,29,460/- has accumulated upto 30.11.2024 towards maintenance expenses as arrears. The petitioner has contended that under Rule 12[4] of the Assam Cattle Preservation Rules, 2022 , the State Government is statutorily obligated to reimburse such maintenance expenses incurred by the petitioner Gaushala/Cow Shelter Home.
3. Issue notice, returnable on 11.03.2026.
4. As Mr. Bhuyan has appeared and accepted notice on behalf of the respondent no. 3; and Mr. Gogoi has appeared and accepted notice on behalf of the respondent no. 4, issuance of formal notice in respect of the said respondents stand dispensed with. The learned counsel for the petitioner shall serve extra copies of the writ petition along with annexures, to Mr. Bhuyan and Mr. Gogoi within 2 [two] working days from today.
5. The petitioner shall also serve requisite nos. of extra copies of the writ petition along with annexures to the learned Standing Counsel Animal Husbandry and Veterinary Department within 2 [two] working days from today for service of notice upon the respondent nos. 1, 2 & 5.
6. The name of the learned Standing Counsel, Animal Husbandry and Veterinary Department for the respondent nos. 1, 2 & 5 be reflected in the respondents’ side in the cause-list.
