- 1 - HC-KAR NC: 2025:KHC:29748 WP No. 9605 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.9605 OF 2025 (LB-BMP) BETWEEN: 1. SUNCITY APARTMENT OWNERS ASSOCIATION SUNCITY APARTMENTS, ORR - A REGISTERED ASSOCIATION UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 SARJAPUR ROAD JUNCTION BANGALORE REPRESENTED BY ITS PRESIDENT SRI SRINIVAS RAO DURGAVAJJULA. …PETITIONER (BY SRI. SHIRISH KRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIDHANA SOUDA BENGALURU - 560 001. 2. THE CHIEF - COMMISSIONER, BBMP, HUDSON CIRCLE, BENGALURU - 560 002. 3. THE SPECIAL COMMISSIONER (HEALTH AND ANIMAL HUSBANDRY) BBMP, HUDSON CIRCLE, BENGALURU - 560 002. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29748 WP No. 9605 of 2025 4. THE ZONAL COMMISSIONER, BBMP BOMMANAHALLI ZONE, BEGUR MAIN ROAD, OLD CMC BUILDING, BOMMANAHALLI, BENGALURU - 560 068. 5. THE JOINT COMMISSIONER, BOMMANAHALLI ZONE, BBMP BEGUR MAIN ROAD, OLD CMC BUILDING, BOMMANAHALLI, BENGALURU - 560 068. 6. JOINT DIRECTOR (ANIMAL HUSBANDRY) BOMMANAHALLI ZONE, BBMP, HEAD OFFICE, N.R. SQUARE, BENGALURU - 560 002. 7. THE ASSISTANT DIRECTOR (ANIMAL HUSBANDRY) BOMMANAHALLI ZONE, HSR BDA COMPLEX, 12TH MAIN ROAD, SECTOR 6, HSR LAYOUT, BENGALURU. 8. SMT. MINU SINGH RESIDING AT 107 BLOCK 6, CLUSTER E, SUNCITY CORP LEISURE, SARJAPURA JUNCTION, ORR, IBBLUR, BENGALURU - 560 102. …RESPONDENTS (BY SRI. H.K.KENCHEGOWDRU, AGA FOR R.1; SRI UDAY SHANKAR M., ADVOCATE FOR R.8; SMT. SINCHANA M.R., ADVOCATE FOR R.2 TO R.7.) - 3 - HC-KAR NC: 2025:KHC:29748 WP No. 9605 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENTS NOS.1 TO 7 TO RECONSIDER THE IDENTIFICATION AND CLASSIFICATION OF THE 24 DOGS AS COMMUNITY DOGS FOLLOWING THE AWC'S INSPECTION OF THE PREMISES. THE PETITIONER ASSOCIATION SEEKS THE RELOCATION OF DOGS UNDER THE AGE OF 9 YEARS TO A SUITABLE SHELTER, AS THE ASSOCIATION IS INCLINED TO CONSIDER ONLY THOSE OVER THE AGE OF 9 YEARS AS COMMUNITY DOGS, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. People are expected not to be cruel to animals. For the said reason, we have the enactments like the Prevention of Cruelty to Animals Act, 1960. At the same time, no one has a right to do any act which promotes an animal to harm other people. It is noticed of late certain sections of the society are more interested in catering to stray dogs rather than their own age old parents. Time and again, it is noticed that old persons and kids are being attacked or mauled by stray dogs. A person has liberty to rear a stray dog, but it is his responsibility to see to it that it does not become a menace to others. - 4 - HC-KAR NC: 2025:KHC:29748 WP No. 9605 of 2025 2. Petitioner is an Apartment Owners Association consisting of certain dog lovers. A perusal of the writ petition papers indicate that residents of the apartments as well as neighbours of the apartments are subjected to stray dog menace as a result of certain actions of the persons residing in the apartments called Suncity Apartments. 3. Upon complaints received by certain individuals, respondent nos.2 to 5 have had a Animal Welfare Committee meeting with the petitioner and has made certain recommendations as to how to combat the stray dog menace in and around the apartments. Not satisfied by the same, the petitioner has filed the instant writ petition with the following prayers: "a) Issue a writ in the nature of Mandamus or any other appropriate writ, directing Respondents Nos.1 to 7 to reconsider the identification and classification of the 24 dogs as community dogs following the AWC's inspection of the premises. The Petitioner Association seeks the relocation of dogs under the age of 9 years to a suitable shelter, as the Association is inclined to consider only those over the age of 9 years as community dogs. - 5 - HC-KAR NC: 2025:KHC:29748 WP No. 9605 of 2025 b) Direct the Respondent No.1 to 7 to conduct an inspection of the dogs within the apartment premises, determine their age, and ensure that all dogs under the age of 9 years are relocated to a safe shelter for their well-being and the safety of the residents. c) Direct the Respondent Nos.1 to 7 to reconsider its directions, taking into account the public safety, health concerns, and the rights of the residents of Suncity Apartments, and issue revised instructions that protect both the residents and the animals involved, with the understanding that only dogs over the age of 9 years should be considered community dogs. d) Direct Respondent Nos.1 to 7 to take strict action against Respondent No.8 for continuing to violate public safety norms, disregarding prior complaints and warnings, and causing a public nuisance by bringing stray dogs into the premises. e) Pass any other relief that this Hon'ble Court may deem fit in the interest of justice and equity." 4. The petitioner has failed to show under what provision of law it is entitled to the said prayers. As already noted above, if any person does any activity like feeding the stray dog and rearing it, it is his responsibility to see to it that the stray dog is - 6 - HC-KAR NC: 2025:KHC:29748 WP No. 9605 of 2025 not a menace to others. A person is responsible for his actions. If he adopts and rears a stray dog, it is his responsibility to see to it that it does not become a menace to other humans failing which, the authorities concerned are entitled to initiate appropriate action against him. 5. It is noticed that respondent Nos.2 to 7-Bruhat Bengaluru Mahanagara Palike (BBMP) taking into consideration the various provisions of law is trying its best to counter the stray dogs menace including the dogs present in and around Suncity Apartments. The petitioner cannot dictate the terms and the manner in which the stray dogs menace has to be countered by the BBMP. The petitioner is not in a position to show the provision of law by which it would be entitled to the reliefs prayed for. The writ petition is misconceived and is accordingly dismissed. 6. It is needless to state, if anybody is put to any injury due to rearing of the stray dog by any person, he is at liberty to sue the person in the manner known to law. - 7 - HC-KAR NC: 2025:KHC:29748 WP No. 9605 of 2025 Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 2 Sl No.: 53