THE HON’BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.(PIL) Nos.126 of 2019, 274 of 2020, 203 of 2018 & 165 of 2020, W.P.No.4052 of 2020, 2080 of 2020, 2180 of 2020 & 2433 of 2020 COMMON ORDER: (Per the Hon’ble the Chief Justice Satish Chandra Sharma)

Regard being had to the similitude in the controversy involved in the present cases, the writ petitions were analogously heard and by a common order, they are being disposed of by this Court.

The facts of the W.P.(PIL) No.126 of 2019 are as follows:-

The present petition has been filed as a Public Interest Litigation praying for the following relief:

“to issue Writ, order or direction, particularly, one in the nature of Writ of mandamus declaring the action of the respondents in Culling the Stray Dogs instead of Animal Birth Control (ABC), as illegal and unconstitutional, violation of principle of Natural Justice and consequently, direct the official respondents to stop illegal culling of stray and also to direct the respondents to issue necessary instructions to all their subordinate offices to strictly follow (Animal Birth Control) ABC programmes and stop illegal culling of stray dogs.”

The State as well as the other respondents have filed a counter-affidavit in the matter and they have stated that the State Government has constituted a State Animal Welfare Board vide G.O.Ms.No.48 dated 29.04.2016, for a period of three years and after expiry of tenure, it is being reconstituted again and again. It has been stated that the Board is holding meetings at regular intervals and a dedicated office has also been established in the Directorate of Animal Husbandry, Hyderabad, to ensure compliance of Animal Birth Control (Dogs) Rules, 2001 (for short ‘the Rules of 2001’) as well as Prevention of Cruelty to Animals Act, 1960 (for short ‘the Act of 1960’). The respondents have stated the steps taken by them in the matter and they are detailed as under:

The Department is monitoring the implementation of Prevention of Cruelty to animals Act, 1960 though the TSAWB. In this regard, the Animal Cruelty cases reported to Member Secretary, TSAWB are dealt by instructing the concerned District Veterinary Animal Husbandry Officer to enquire and give the factual report to initiate action against the accused.

A proposal is in the pipeline for establishment of Animal Shelters with 5 acres of land in the districts through the District Collectors as part of the implementation of Prevention of Cruelty to Animals Act, 1960 to take care of the abandoned animals.

Inspection of Animal Welfare Organizations (AWOs) as per guidelines of AWBI for grant of recognition. Furthermore, as part of implementation of Prevention of Cruelty to Animals Act, 1960, the AWOs are also inspected periodically in coordination with the local authority to check for any violation & irregularities in ABC programme carried out by Animal Welfare organizations without following the guidelines of Animal Birth Control (Dogs) Rules

2001.

Registration of Pet Shops and Dog Breeding Centres under (Pet Shop) Rules 2018 to implement the Prevention of Cruelty to Animals Act, 1960.

Also supporting the AWOs wherever and whenever required in conducting mass vaccination programme by deploying the departmental staff.

To control stray dog population, it is the sheer responsibility of local bodies to Capture, Sterilize, Immunize and release under Sections 6 and 7 of the ABC, Rules 2001. (ABC rules, 2001 enclosed). And in the conduct of ABC in dogs, the role of Animal Husbandry department is limited to only technical support wherever required. In this regard, the Veterinary & Animal Husbandry Dept., is also deputing the Veterinarians on Foreign Service terms & conditions and extending technical support in performing ABC programme and other activities in GHMC limits.

The Veterinary & Animal Husbandry Dept. is also extending technical support by deploying the Veterinary Personnel locally to extend technical support