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2025 DAILYLAW 26112 (ALL)

KANPUR KENNEL WELFARE ASSOCIATION AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/7215/2025 · 2025-03-19

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40653-DB Court No. - 3 Case :- WRIT - C No. - 7215 of 2025 Petitioner :- Kanpur Kennel Welfare Association And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Syed Mohd. Fazal Counsel for Respondent :- Abhinava Krishna Srivastava,C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioners and Shri Abhinava Krishna Srivastava, learned counsel appearing for the respondent Nos. 3 and 5. 2. The petitioners seek to challenge a notification dated 10.01.2024 issued by the Director of the Animal Husbandry, Government of Uttar Pradesh with regard to regulating dog shows being held within the State of Uttar Pradesh. 3. The sole contention of learned counsel for the petitioner is that the aforesaid order of 10.01.2014 is ultra vires the provisions of the Municipal Corporation Act, 1959 on the ground that the Animal Husbandry Department, which regulates matters relating to cattle, cannot issue such directions as contained in the order of 10.01.2014 with regard to conduct of dog shows. 4. It is said that under the Act, 1959, it is the Municipal Corporation that regulates licensing of dogs and under a Government Order dated 18.03.2017, issued by the Secretary of the Government of Uttar Pradesh and addressed to the Director of Local Bodies Directorate, it is the Nagar Nigam which is required to organize dog shows along with flower shows. 5. It is not the case of the petitioners, even though, the second prayer is made to such effect, that the respondent No. 2 is interfering with or has in any way hampered in organizing dog shows by the petitioners. 6. We notice from the Certificate of Registration enclosed that the petitioners' society was registered on 06.07.2023. Apparently in pursuance of the order dated 11.11.2013 passed in Public Interest Litigation No. 61400 of 2013, the Secretary of Local Self- Government, Uttar Pradesh and the Chief Veterinary Officer were directed to take cognizance with regard to ensuring that the compliance in regard to control of spread of Canine Distemper Virus, allegedly being spread in dog shows being organized, is addressed. Purportedly, in pursuance of the aforesaid order of the writ Court, the aforesaid impugned order dated 10.01.2014 was issued. 7. On perusal of the order under challenge, we do not find any clause that can be said to be adversely affecting the organizing of dog shows in any manner. 8. As a matter of fact, the impugned orders seek to regulate the vaccination of dogs which are to be displayed in the dog shows. 9. It has also not been demonstrated that any of the directions given in the impugned order of 10.01.2014 is adversely affecting either the petitioners or any other associations or individuals who have a say in organizing dog shows. 10. Besides, from perusal of the order and conditions imposed therein, we are constrained to observe that the petition has been filed on hyper technical issue especially because the condition in the said order cannot be said to be unreasonable or unconstitutional. 11. For the reasons aforesaid we do not find any merit in the case at hand and it is therefore, dismissed. Order Date :- 20.3.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad