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2025 DAILYLAW 198921 (ALL)

BASU DEO YADAV v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT DEPTT. LKO. AND 5 OTHERS

WRIC/10315/2025 · 2025-10-17

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10315 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Vakalatnama filed today by Sri Shailendra Singh Chauhan, Advocate on behalf of Nagar Nigam, Lucknow is taken on record. Heard learned counsel for the petitioner, learned Standing Counsel for the State and learned counsel for Nagar Nigam, Lucknow. This writ petition has been filed by the petitioner for the following reliefs :- (i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties especially to opposite party no.3 and 4 to seize the alleged pet foreign breed dog of the opposite party No. 5 and 6, because they have illegally kept the said dog in their house without obtaining valid permission and license which is against the Government order dated 21.02.2023, in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties especially to opposite party no.3 to decide the application dated 24.09.2025 expeditiously, contained as Annexure No.1 to this writ petition, in the interest of justice. It is the case of the petitioner that his neighbours, respondent Nos. 5 and 6, have a pet dog, which is a banned foreign breed and they are not keeping the dog properly. The dog has not been trained properly. The petitioner's tulsi plant is being mutilated as the dog-in-question urinates on it. The petitioner sent a complaint to the Zonal Officer, Zone 8, Nagar Nigam Lucknow, against respondent Nos.5 and 6, but no action has been taken. Therefore, this Versus Counsel for Petitioner(s) : Amitabh Kumar Tripathi Counsel for Respondent(s) : C.S.C., Namit Sharma Basu Deo Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development Deptt. Lko. And 5 Others .....Respondent(s) writ petition has been filed. Learned counsel for Nagar Nigam, Lucknow, has sought instructions and from the said instructions, it is evident that a license was issued to respondent No.6 for keeping the dog-in-question, lastly on 29.05.2025. The dog itself is a very small breed called Maltese and it is not a ferocious animal. In case the petitioner is aggrieved by the dog not being properly trained by his neighbours, he may request other residents of the colony in which he resides to intervene in the matter and ask respondent nos.5 and 6 to keep their dog inside their house. The writ petition is disposed of. October 17, 2025 Ashish Dewal WRIC No. 10315 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench