02. 15.06.2026. Court No.07. (pp) CPAN 59 of 2022 Cape Foundation & Anr. -Vs.- Vivek Kumar, The Principal Secretary, State of WB & Ors. With WPA 19941 of 2018. Cape Foundation & Anr. -Vs.- State of West Bengal & Ors. Mr. Dhruva Ghosh, Sr. Adv., Mr. Biswanath Chatterjee, Mr. Sobhan Kr. Pathak. …for the petitioners. 1. The petitioner no.1 is a welfare organization (NGO) and is concerned for the protection and welfare of wildlife animals in India. In the usual course, the petitioner no.1 through volunteers takes care and looks after preservation and conservation of various resources as well as actively trying to save and work against cruelty of animals. 2. The instant writ petition was filed in or about 2018 seeking return of 24 captive elephants, which were being illegally and unlawfully transported out of the State of West Bengal. 2 3. In response to a communication under the Right to Information Act, 2005 by a letter dated 20th June, 2018 issued by the Office of the Principal Chief Conserver of Forests (Wildlife) & Chief Wildlife Warden, Government of West Bengal, through an Authorized Officer the petitioners were informed that there were 24 captive elephants, which were registered in West Bengal but were outside the State at that point of time. 4. By such communication, it was also admitted that out of such elephants, 3 elephants were of the Nataraj Circus and 2 at the Famous Circus. 5. The present proceeding pertains to two remaining elephants of Famous Circus, which are not traceable and have been illegally transported without permission. The rest 19 elephants were transported outside West Bengal initially for a period of 11 months only under temporary permission. 6. The status of two elephants of Famous Circus, are unknown till date. 7. Insofar as the elephants pertaining to the Nataraj Circus are concerned, the same has been redressed and those elephants are now at Gorumara Wildlife, West Bengal. 8. In view of the long passage of time which has passed since filing of the writ petition, this application being CPAN 59 of 2022 stands disposed of by directing the 3 State of West Bengal and more particularly the Chief Conserver of Forests (Wildlife) & Chief Wildlife Warden, Kolkata, being the alleged contemnor no.2 to forthwith respond to the query of the petitioners giving full particulars of the exact whereabouts of the 2 elephants which at one point of time were in the custody of the Famous Circus and the present status of the balance 19 elephants. 9. The alleged contemnor no.2 is also directed to give full particulars as to what steps have been taken to identify and bring back those elephants in terms of the order dated 19th July, 2019. 10. Liberty is granted to the petitioners to take necessary steps in accordance with law after receipt of the above information. 11. The petitioners are forthwith directed to communicate this order to all the State respondents. 12. The State respondents and more particularly, the Chief Conserver of Forests (Wildlife) & Chief Wildlife Warden, Kolkata, being the alleged contemnor no.2 is directed to respond to the above query within a period of 6 weeks from the date of receipt of such order. 13. In responding to the above query, the State will give the latest details to the queries sought for by the petitioners as available with them. 4 14. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all formalities. (Ravi Krishan Kapur, J.) (Arindam Mukherjee, J.)