IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/WRIT PETITION (PIL) (WRIT PETITION (PIL)) NO. 139 of 2021 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2023 In R/WRIT PETITION (PIL) NO. 139 of 2021 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2023 In R/WRIT PETITION (PIL) NO. 139 of 2021 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 3 of 2023 In R/WRIT PETITION (PIL) NO. 139 of 2021 ==========================================================

NILAY HASMUKHBHAI PATEL Versus UNION OF INDIA & ORS.

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Appearance:

NILAY H PATEL(7856) for the Applicant(s) No. 1 PARTY IN PERSON(5000) for the Applicant(s) No. 1 AADITYA D BHATT(8580) for the Opponent(s) No. 6 ADVOCATE NOTICE SERVED for the Opponent(s) No. 5 GOVERNMENT PLEADER for the Opponent(s) No. 2 KSHITIJ M AMIN(7572) for the Opponent(s) No. 1 MR MASOOM K SHAH(6516) for the Opponent(s) No. 6 MR SATYAM Y CHHAYA(3242) for the Opponent(s) No. 3 MS RITU R GURU(5532) for the Opponent(s) No. 4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 26/11/2025

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. In this matter, the petitioner has prayed for the following reliefs:

“A. Hon'ble Court may be pleased to direct the respondent authorities to declare complete ban on stray cattle in Gujarat state;

B. Hon'ble Court may be pleased to declare / direct the respondent no.1 to set a judicial panel or a body of experts to draft comprehensive and stringent law for animal protection by amending S.31 of the Prevention of Cruelty to Animals Act, 1960 and to enhance it's scope by making all clauses of S.11 of the said Act a cognizable offense within the meaning of that Act;

C. Hon'ble Court may be pleased to constitute a committee to monitor the effective implementation for the ban on stray cattle and to take care for no cruelty being made upon the stray cattle / animals;

Alternatively Hon'ble Court may be pleased to direct the respondent authorities to set a judicial panel or a body of People willing to serve voluntarily to monitor that no cattle being compelled to eat plastic and other non-eatable items including garbage and Inked Papers thrown at roadside and thereby seeking effective and meaningful implementation of provisions of Prevention of Cruelty to Animals Act, 1960.

D. Hon'ble Court may be pleased to direct the respondent authorities to lodge FIR for the offence punishable under culpable homicide against the cattle owners who releases their cattle on stray and force their cattle to run on road side and putting the life of the citizens in danger which amounts to cognizable offence;

E. Hon'ble Court may be pleased to direct the respondent (3) & (4) to provide service of Cattle Nuisance Control Department (C.N.C.D.) on 24*7 and 365 days' basis so that no stray cattle can be seen even on evening and night time;”

2. By order dated 21.02.2022 (Coram: Honourable The Chief Justice Mr. Justice Aravind Kumar and Honourable Mr. Justice Ashutosh J. Shastri), the Court passed the following order:

“Issue Notice to the respondents returnable on 02.03.2022. Learned THE de Government Pleader Ms. Manisha Lavkumar accepts and waives service of notice on behalf of the respondent No. 2. Learned ASG Mr. Devang Vyas accepts and waives service of notice on behalf of respondent No. 1 & 5. Petitioner's Counsel to serve requisite number of copies on office of learned Government Pleader and learned ASG. Registry is directed to print their names in the cause-list.

Post along with MCA No. 979 of 2019 on

02.03.2022.”

3. It appears that Misc. Civil Application No.979 of 2019 is arising under the provisions of the Contempt of Courts Act, being aggrieved by the non-compliance of the directions issued in Writ Petition (PIL) No.170 of 2017 by Orders dated 11.05.2018 and 07.08.2018. It appears that one of the directions issued in the aforesaid Judgment and Orders is w