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High Court of Himachal Pradesh · body

2025 DAILYLAW 25759 (HP)

COURT ON ITS OWN MOTION v. STATE OF HP

CWPIL/93/2024 · 2025-09-08

Gurmeet Singh Sandhawalia, Ranjan Sharma

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item No. D-25 Court on its own motion versus State of HP & Others a/w connected matters CWPIL No.93 of 2024 a/w CWP No.334 of 2022, CWPILs No.34 of 2011 & 80 of 2025 CWPIL No.93 of 2024 08.09.2025 Present: Court on its own motion. Mr. Sidharth Jalta, Deputy Advocate General, for respondents No.1 to 4-State. Mr. Mukul Sood, Advocate, for respondent No.5-MC. CWP No.334 of 2022 Ms. Ragni Dogra, Advocate, for petitioner. Mr. Sidharth Jalta, Deputy Advocate General, for respondents No.1 to 4-State. Mr. Mukul Sood, Advocate, for respondent No.5-MC. CWPIL No.34 of 2011 Court on its own motion. Mr. Sidharth Jalta, Deputy Advocate General, for respondents No.1 to 4-State. Mr. Balram Sharma, Deputy Solicitor General of India [Senior Advocate] with Mr. Rajeev Sharma, Advocate, for respondent-Union of India. CWPIL No. 80 of 2025 Petitioner in person. Mr. Sidharth Jalta, Deputy Advocate General, for respondents No. 1, 2 & 4. Mr. Mukul Sood, Advocate, for respondent No. 3. Mr. Balram Sharma, Deputy Solicitor General of India [Senior Advocate] with Mr. Rajeev Sharma, Advocate, for respondents No. 5 & 6. CWPIL No.93 of 2024, CWP No.334 of 2022 & CWPIL No.34 of 2011 All these matters, in principal, are based on the directions, which are sought regarding feeding of stray dogs and other stray animals, safe feeding zones, prevention of Rabbis, compliance with the Animals Birth Control Rules, 2023 and seeking directions to the Municipal Corporation to keep roads, streets etc. clear of dogs and to designate feed spots and feeding time for stray dogs and other animals. 2. The Municipal Corporation, Shimla has filed its response in CWPIL No. 93 of 2024 and also referred to the order of the Supreme Court in suo moto Writ Petition (Civil) No(s) 05 of 2025, in Re: “City Hounded by Strays, Kids Pay Price”. In the said petition, vide order dated 22.08.2025, numerous writ petitions/suo moto petitions pending in various High Courts dealing with the stray dogs were ordered to be transferred to the Apex Court. The relevant part of the order reads as under: “we are also informed that numerous writ petitions/suo moto petitions are pending in various High Courts, more or less dealing with common issues. Hence, the Registry shall seek information about such pending writ petitions from the Registrar Generals of all the High Courts, and thereafter there writ petitons shall stand transferred to this Court for analoguous considration along with the main matter.” 3. Similarly, in CWPIL No. 334 of 2024, a prayer as such is to provide 24x7 emergency services in the State Veterinary Hospital, Shimla and at least one Veterinary Hospital in every District and for treatment, care and housing of animals in respect of which offences under the Prevention of Cruelty to Animals Act, 1960 have been committed. 4. In sum and substances, all these petitions are cross-petitions. Some petitions are seeking enforcement and removal of the stray animals and others are seeking rights of the animals. Since the matter is now pending before the Apex Court and in view of the above orders, the writ petitions shall be transferred to the Apex Court. Office to take necessary steps. (G.S. Sandhawalia) Chief Justice. (Ranjan Sharma) Judge September 08, 2025 (hemlata)