Dhyan Foundation Goushala vs The State of Tripura and 19 Ors.
- Court
- Tripura High Court
- Case type
- Writ Petition under Article 226 and 227 of the Constitution
- Decided on
- 23-03-2026
<div> <b>Page 1 </b><br /> <br /> <b>HIGH COURT OF TRIPURA </b><br /> <b>AGARTALA </b><br /> <b> </b><br /> <b>W.P.(C) 166/2026 </b><br /> <b> </b><br /> <b>Dhyan Foundation Goushala,</b> registration No. Doc. No. 2235, AWBI <br /> Reg. No. ND054/2019, Having registered address at A-80, South Extension <br /> Part 2, New Delhi-110049, local address- Debipur Goushala, Bishalgarh, <br /> P.O.& P.S.- Madhupur, District- Sepahijala, Tripura, through its authorized <br /> representative Gaurav Yadav, son of Rajkumar Yadav, resident of Jakhani, <br /> Purani Basti, Basti, Uttar Pradesh-272002 .<br /> <br /> <b>----</b> <b>Petitioner(s)</b> <b> </b><br /> <br /> <b>Versus </b><br /> <br /> <b>1.</b> <b> </b> <b>The State of Tripura</b> , through the Chief Secretary, Government <br /> <br /> of Tripura, Agartala-799010, Tripura; <br /> <b>2.</b> <b> </b> <b>The Secretary, </b> Animal Resource Development Department, <br /> <br /> Government of Tripura; <br /> <b>3.</b> <b> </b> <b>The Director, </b> Animal Resource Development Department, <br /> Government of Tripura, New Civil Secretariat, Capital Complex, <br /> <br /> Agartala, West Tripura-799010; <br /> <b>4.</b> <b> </b> <b>The State of Assam, </b> through the Chief Secretary, Government <br /> <br /> of Assam, Dispur, Guwahati-781006, Assam; <br /> <b>5.</b> <b> </b> <b>The Commissioner & Secretary, </b> Animal Husbandry & <br /> Veterinary Department, Government of Assam, Dispur, Guwahati-<br /> <br /> 781006, Assam; <br /> <b>6.</b> <b>The Director, </b> Animal Husbandry & Veterinary Department, <br /> <b> </b><br /> <br /> Government of Assam, Chenikuthi, Guwahati-781003, Assam; <br /> <b>7.</b> <b> </b> <b>The Chief Secretary, </b> Government of Meghalaya, Main <br /> <br /> Secretariat Building, Shillong-793001, Meghalaya; <br /> <b>8.</b> <b> </b> <b>The Principal Secretary, </b> Animal Husbandry & Veterinary <br /> Department, Government of Meghalaya, Rilang Building, Secretariat <br /> <br /> Hill, Main Secretariat Building, Shillong-793001, Meghalaya; <br /> <b>9.</b> <b>The Chief Secretary, </b> Government of Bihar, Bihar Secretariat <br /> <b> </b><br /> <br /> (Vikas Bhawan), Patna-800015, Bihar; <br /> <b>10.</b> <b> </b> <b>The Principal Secretary, </b> Department of Animal and Fishery <br /> Resources (Veterinary Department), Government of Bihar, Bihar <br /> <br /> Veterinary College Campus, Patna-800014, Bihar, India; <br /> <b>11.</b> <b> </b> <b>The Chief Secretary, </b> Government of Jharkhand, First Floor, <br /> <br /> Project Building, Dhurwa, Ranchi-834004, Jharkhand; <br /> <b>12.</b> <b> </b> <b>The Principal Secretary, </b> Animal Husbandry (Veterinary <br /> Department), Government of Jharkhand, Project Bhawan, Dhurwa, <br /> <br /> Ranchi-834004, Jharkhand; <br /><br /> <b>Page 2 </b><br /> <br /> <b>13.</b> <b> </b> <b>The Chief Secretary, </b> Government of West Bengal, Nabanna <br /> th<br /> (13 Floor), 325, Sarat Chatterjee Road, Shibpur, Howrah-711102, <br /> <br /> West Bengal; <br /> <b>14.</b> <b> </b> <b>The Principal Secretary, </b> Animal Husbandry (Veterinary <br /> Department), Government of West Bengal, Prani Sampad Bhavan, <br /> <br /> LB-2, Sector-III, Salt Lake, Kolkata-7000106, West Bengal; <br /> <b>15.</b> <b> </b> <b>The Home Secretary, </b> Home Department, Government of <br /> <br /> Meghalaya, Main Secretariat Building, Shillong-793001, Meghalaya; <br /> <b>16.</b> <b> </b> <b>The Secretary, </b> Home Department, Government of Bihar, Main <br /> <br /> Main Secretariat, Patna-800015, Bihar; <br /> <b>17.</b> <b> </b> <b>The Secretary, </b> Home and Hill Affairs Department, Government <br /> of West Bengal, 325, Sarat Chatterjee Road, Shibpur, Mandirtala, <br /> <br /> Howrah-711102, West Bengal; <br /> <b>18.</b> <b> </b> <b>The Home Secretary, </b> Government of Jharkhand, Home <br /> <br /> Department, Project Building, Dhurwa, Ranchi-834004, Jharkhand; <br /> <b>19.</b> <b> </b> <b>The Secretary, </b> Home Department, Government of Tripura, <br /> <br /> Secretariat Building, Capital Complex, Agartala, West Tripura; <br /> <b>20.</b> <b> </b> <b>The Secretary, </b> Home Department, Government of Assam, Main <br /> nd<br /> 2 Floor, ‘I’ Block, Janata Bhawan, Dispur, Guwahati-781006, Assam; <br /> <br /> <br /> <b>21.</b> <b> </b> <b>The Inspector General, </b> Border Security Force, Frontier <br /> Headquarters BSF Tripura, Salbagan, Agartala-799012, Tripura; <br /> <b>Respondent</b> (s)<br /> ---- <br /> <b> </b><br /> <b> </b><br /> <br /> For Petitioner(s) : Mr. H. Pandeya, Advocate <br /> Mr. S. Agarwal, Advocate <br /> Mr. A. Acharjee, Advocate <br /> <br /> <br /> For Respondent(s) : Mr. M. Debbarma, Addl. GA <br /> Mr. B. Majumder, Deputy SGI <br /> <br /> Date of hearing & delivery <br /> of judgment : <b>23.03.2026 </b><br /> <br /> Whether fit for reporting : <b>Yes </b><br /> <b> </b><br /> <b> </b> <b> </b> <b> </b> <b> BEFORE </b><br /> <b>HON’BLE JUSTICE DR. T. AMARNATH GOUD </b><br /> <b> </b><br /> <b> </b><br /> <b> </b><br /> <b>Judgment & Order (ORAL) </b><br /> <b> </b><br /> <b> </b><br /> <b> </b><br /> <br /> Heard Mr. H.Pandeya, learned counsel appearing for <br /> the petitioner. Also heard Mr. M. Debbarma, learned Additional <br /> GA appearing for the State-respondents, and Mr. B. Majumder, <br /> learned Deputy SGI appearing for the respondent-Union of India. <br /><br /> <b>Page 3 </b><br /> <br /> <b>2. </b> <b> </b> By means of filing this writ petition, the petitioners <br /> have prayed for the following reliefs: <br /> <b><i>“a) Issue Notice upon the respondents and call for the records appertaining to the writ petition: </i></b><br /> <b><i>b) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the </i></b><br /> <b><i>Respondents to issue permits for transportation of 1800 cattle from Tripura to Jharkhand: </i></b><br /> <b><i>c) Direct the respondents and the concerned authorities of the State of Tripura, Assam, Meghalaya, </i></b><br /> <b><i>Bihar and Jharkhand to facilitate safe, unobstructed and priority passage of the said cattle during </i></b><br /> <b><i>transit ,including necessary inter-state coordination among the concerned authorities, considering </i></b><br /> <b><i>the long transit route and frequent road restrictions so as to ensure timely, safe and humane </i></b><br /> <b><i>transportation of the cattle; </i></b><br /> <b><i>d) Pass such other and further order(s) as this Hon’ble Court may deem fit and proper in the facts </i></b><br /> <b><i>and circumstances of the case.” </i></b><br /> <br /> <b>3. </b> <b> </b> Facts of the case, in a narrow compass, is that the <br /> petitioner, Dhyan Foundation is a NGO, which has been working <br /> across the country for rescue, care, treatment and rehabilitation <br /> of animals/cattle, more particularly, rescuing them from <br /> slaughter houses. It has several branches all over the country <br /> and couple of them is also in Tripura. It operates 44 large <br /> Gaushalas/Animal Welfare centres across India. By this writ <br /> petition, the petitioner sought for a direction from this Court in <br /> obtaining transit permission from the respondents for <br /> transportation of cattle rescued from illegal slaughter house and <br /> animal traffickers on International and State Border from the <br /> State of Tripura to the Gaushala of the petitioner. It is further <br /> case of the petitioner that the respondent no.3 herein, earlier <br /> accorded permission to the petitioner and issued transit permit in <br /> favour of the petitioner vide Applications dated 30.08.2024, <br /> 10.09.2024 and 26.08.2021 for transportation of total 1700 <br /> cattle, and the subsequent applications seeking fresh transit <br /> permit with regard to 1953 cattles remained unaddressed. Thus, <br /> by means of this writ petition the petitioner has sought for a <br /> direction. <br /><br /> <b>Page 4 </b><br /> <br /> <br /> <b>4. </b> <b> </b> The contention of Mr. Pandeya, learned senior counsel <br /> appearing for the petitioner is that since the respondent no. 3 <br /> earlier had granted permission for transit of cattles from the <br /> State of Tripura to the Gaushala of the petitioner, but the <br /> subsequent applications remained unaddressed without any valid <br /> reason. Learned counsel has further argued that currently <br /> approximately 1,953 cattles in Tripura are under challenging <br /> condition with severe fodder shortage and also threat of being <br /> smuggled by mafias. It has further been argued that the fodder <br /> cost in the Gaughalas of the petitioner is only Rs.1 per kg. <br /> wherein the cost of fodder in Tripura is much higher i.e. around <br /> Rs.25/- per kg.. It has further been argued that ARDD, Tripura, <br /> has not provided any or sufficient green or dry fodder or <br /> concentrated feed to the Gaushalas in Tripura for proper feeding <br /> of the cattle. Learned counsel has urged that if the cattles are <br /> handed over to the petitioner, the cattles will be safe from any <br /> threat, smuggle and natural calamities. It has also been urged <br /> that the petitioner will comply all the provisions of Prevention of <br /> Cruelty to Animals Act, 1960 and Transport of Animals Rules, <br /> 1978 with lawful transportation. <br /> <b> </b><br /> <b>5. </b> <b> </b> <i>Per contra,</i> <b><i> </i></b> Mr. Debbarma, learned Additional GA <br /> appearing for the State-respondents has submitted that a <br /> Memorandum of Agreement was executed between the petitioner <br /> and the respondent-State which was valid for a period of three <br /> years and the said Agreement expired on 24.02.2024. It has <br /> further been argued that without renewal of extending the period <br /><br /> <b>Page 5 </b><br /> <br /> of the Agreement, the petitioner has no right to obtain any <br /> permission from the respondent-State. Learned Additional GA <br /> has further submitted that there is no shortage of fodder in the <br /> State and all sorts of care and caution has been adopted by the <br /> respondent-State for the welfare of the cattle. Learned Additional <br /> GA has also submitted that the State Government had <br /> constituted expert committed who have inspected and after <br /> inspection nothing immaterial had been detected so as to grant <br /> permission to the petitioner, as aforestated. He further submitted <br /> on the strength of written instructions of Animal Husbandry <br /> Department, that the petitioner can donate the cattle to the <br /> interested persons in Tripura. As per argument with the State <br /> shifting is permitted without any intimation, but if its interstate <br /> permission is required. <br /> <b> </b><br /> <b>6. </b> <b> </b> This court has perused the record and also has gone <br /> through the correspondences made therein. From the <br /> communications dated 30.08.2024, 10.09.2024 and 26.08.2021 <br /> (Annexure 2 to the writ petition) it is evident that the <br /> respondent-State has accorded permission to the petitioner to <br /> shift total 1700 cattle from Gaushala of Tripura to Gaushala at <br /> Jharkhand by adhering all the Act and Rules. It is also evident <br /> that the MoU had expired and as per submission of learned <br /> Additional GA, without renew or extending the period, the State <br /> Government cannot pass any direction in favour of the petitioner, <br /> but considering the benefit, safety and security of animals, the <br /> expiration of a Memorandum of Understanding generally <br /><br /> <b>Page 6 </b><br /> <br /> does not debar a State Government from issuing permission for <br /> shifting cattle from one gaushala to another. Further none of the <br /> parties to the Agreement has undertaken any step for its renewal <br /> or extending the period. Thus, shifting the liability solely upon <br /> the petitioner is not accepted at this juncture. That apart, there <br /> is no provision under law where the respondent-State can <br /> prevent without any reason, except relying on the MoU, in <br /> shifting the cattle from one Goushala to another. Furthermore, <br /> State of Tripura shares border with Bangladesh in north, west <br /> and south. Day in and day out it is experienced that number of <br /> cattle are being smuggled unauthorizedly from the State of <br /> Tripura to the neighbouring country Bangladesh. And they are <br /> taken away to the slaughter house. It is unfortunate that despite <br /> efforts put in by the State or its agencies, the protection and <br /> rescue is not coming to end. Section 2 of the Prevention of <br /> Cruelty to Animals Act, 1960, provides essential definitions for <br /> the Act's interpretation, including "animal" (any living creature <br /> other than a human being), "captive animal," "domestic animal," <br /> "local authority," "owner," and specifically defines inhumane <br /> practices like "phooka" or "doom dev". Section 2 of the <br /> Prevention of Cruelty to Animals Act, 1960, reads as under: <br /></div><table><thead><tr><th>“2. Definitions.―In this Act, unless the context otherwise requires,―</th><th></th><th></th><th></th></tr></thead><tbody><tr><td>(a) “animal” means any living creature other than a human being;</td><td></td><td></td><td></td></tr><tr><td>(b) “Board” means the Board established under section 4, and as reconstituted from time to</td><td></td><td></td><td></td></tr><tr><td>time under section 5A;]</td><td></td><td></td><td></td></tr><tr><td>(c) “captive animal” means any animal (not being a domestic animal) which is in captivity or</td><td></td><td></td><td></td></tr><tr><td>confinement, whether permanent or temporary, or which is subjected to any appliance or</td><td></td><td></td><td></td></tr><tr><td>contrivance for the purpose of hindering or preventing its escape from captivity or</td><td></td><td></td><td></td></tr><tr><td>confinement or which is pinioned or which is or appears to be maimed;</td><td></td><td></td><td></td></tr><tr><td>(d) “domestic animal” means any animal which is tamed or which has been or is being</td><td></td><td></td><td></td></tr><tr><td>sufficiently tamed to serve some purpose for the use of man or which, although it neither has</td><td></td><td></td><td></td></tr><tr><td>been nor is being nor is intended to be so tamed, is or has become in fact wholly or partly</td><td></td><td></td><td></td></tr><tr><td>tamed;</td><td></td><td></td><td></td></tr></tbody></table><div><br /><br /> <b>Page 7 </b><br /> <br /></div><table><thead><tr><th>(e) “local authority” means a municipal committee, district board or other authority for the</th><th></th><th></th><th></th></tr></thead><tbody><tr><td>time being invested by law with the control and administration of any matters within a</td><td></td><td></td><td></td></tr><tr><td>specified local area;</td><td></td><td></td><td></td></tr><tr><td>(f) “owner”, used with reference to an animal, includes not only the owner but also any other</td><td></td><td></td><td></td></tr><tr><td>person for the time being in possession or custody of the animal, whether with or without the</td><td></td><td></td><td></td></tr><tr><td>consent of the owner;</td><td></td><td></td><td></td></tr><tr><td>(g) “phooka” or “doom dev” includes any process of introducing air or any substance into the</td><td></td><td></td><td></td></tr><tr><td>female organ of a milch animal with the object of drawing off from the animal any secretion of</td><td></td><td></td><td></td></tr><tr><td>milk;</td><td></td><td></td><td></td></tr><tr><td>(h) “prescribed” means prescribed by rules made under this Act;</td><td></td><td></td><td></td></tr><tr><td>(i) “street” includes any way, road, lane, square, court, alley, passage or open space, whether a</td><td></td><td></td><td></td></tr><tr><td>thoroughfare or not, to which the public have access.”</td><td></td><td></td><td></td></tr></tbody></table><div><br /> Section 11 of the Prevention of Cruelty to Animals Act, <br /> 1960, defines various forms of cruelty to animals, such as <br /> beating, overloading, starving, abandoning, or killing them <br /> inhumanely. Section 11 of the Act, reads as under: <br /></div><table><thead><tr><th>“11. Treating animals cruelly.— (1)If any person—</th><th></th></tr></thead><tbody><tr><td>(a)beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to</td><td></td></tr><tr><td>subject it to unnecessary pain or suffering or causes or, being the owner permits, any animals to be so</td><td></td></tr><tr><td>treated; or</td><td></td></tr><tr><td>(b)employs in any work or labour or for any purpose any animal which, by reason of its age or any</td><td></td></tr><tr><td>disease, infirmity, wound, sore or other cause, is unfit to be so employed or, being the owner, permits</td><td></td></tr><tr><td>any such unfit animal to be so employed; or</td><td></td></tr><tr><td>(c)wilfully and unreasonably administers any injurious drug or injurious substance to any animal or</td><td></td></tr><tr><td>wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by any</td><td></td></tr><tr><td>animal; or</td><td></td></tr><tr><td>(d)conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as</td><td></td></tr><tr><td>to subject it to unnecessary pain or suffering; or</td><td></td></tr><tr><td>(e)keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in</td><td></td></tr><tr><td>height, length and breadth to permit the animal a reasonable opportunity for movement; or</td><td></td></tr><tr><td>(f)keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or</td><td></td></tr><tr><td>unreasonably heavy chain or cord; or</td><td></td></tr><tr><td>(g)being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained</td><td></td></tr><tr><td>up or kept in close confinement; or</td><td></td></tr><tr><td>(h)being the owner of any animal, fails to provide such animal with sufficient food, drink or shelter; or</td><td></td></tr><tr><td>(i)without reasonable cause, abandons any animal in circumstances which render it likely that it will</td><td></td></tr><tr><td>suffer pain by reason of starvation or thirst; or</td><td></td></tr><tr><td>(j)wilfully permits any animal, of which he is the owner to go at large in any street while the animal is</td><td></td></tr><tr><td>affected with contagious or infectious disease or, without reasonable excuse permits any diseased or</td><td></td></tr><tr><td>disabled animal, of which he is the owner, to die in any street; or</td><td></td></tr><tr><td>(k)offers for sale or, without reasonable cause, has in his possession any animal which is suffering pain by</td><td></td></tr><tr><td>reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; or</td><td></td></tr><tr><td>(l)mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine</td><td></td></tr><tr><td>injections in the heart or in any other unnecessarily cruel manner; or;</td><td></td></tr><tr><td>m) solely with a view to providing entertainment—</td><td></td></tr><tr><td></td><td>(i)confines or causes to be confined any animal (including tying of an animal as a bait in a tiger or</td></tr><tr><td></td><td>other sanctuary) so as to make it an object of prey for any other animal; or</td></tr><tr><td></td><td>(ii)incites any animal to fight or bait any other animal; or</td></tr><tr><td>(n)organises, keeps, uses or acts in the management of, any place for animal fighting or for the purpose of</td><td></td></tr><tr><td>baiting any animal or permits or offers any place to be so used or receives money for the admission of</td><td></td></tr><tr><td>any other person to any place kept or used for any such purposes; or</td><td></td></tr><tr><td>(o)promotes or takes part in any shooting match or competition wherein animals are released from</td><td></td></tr><tr><td>captivity for the purpose of such shooting;</td><td></td></tr><tr><td>he shall be punishable, in the case of a first offence, with fine which shall not be less than ten</td><td></td></tr><tr><td>rupees but which may extend to fifty rupees, and in the case of a second or subsequent offence</td><td></td></tr><tr><td>committed within three years of the previous offence, with fine which shall not be less than twenty-five</td><td></td></tr><tr><td>rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend</td><td></td></tr><tr><td>to three months, or with both.</td><td></td></tr><tr><td>(2)For the purposes of sub-section (1), an owner shall be deemed to have committed an offence if he has</td><td></td></tr><tr><td>failed to exercise reasonable care and supervision with a view to the prevention of such offence:</td><td></td></tr><tr><td>Provided that where an owner is convicted of permitting cruelty by reason only of having failed</td><td></td></tr><tr><td>to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.</td><td></td></tr><tr><td>(3)Nothing in this section shall apply to—</td><td></td></tr></tbody></table><div><br /><br /> <b>Page 8 </b><br /> <br /> <b>(a)the dehorning of cattle, or the castration or branding or nose-roping of any animal, in the </b><br /> <b>prescribed manner; or </b><br /> <b>(b)the destruction of stray dogs in lethal chambers or by such other methods as may be </b><br /> <b>prescribed; or </b><br /> <b>(c)the extermination or destruction of any animal under the authority of any law for the time </b><br /> <b>being in force; or </b><br /> <b>(d)any matter dealt with in Chapter IV; or </b><br /> <b>(e)the commission or omission of any act in the course of the destruction or the preparation for </b><br /> <b>destruction of any animal as food for mankind unless such destruction or preparation was accompanied </b><br /> <b>by the infliction of unnecessary pain or suffering.” </b><br /> <b> </b><br /> <b>7. </b> <b> </b> Here is the petitioner, without burdening the <br /> government exchequer for the last several years is taking care of <br /> the rescued cattle and providing food, shelter and aid and also <br /> looking after the cattle in terms of provisions of Protection of <br /> Animal Acts. In the event if there is surplus of cattle in limited <br /> apace and overcrowded/congested, it also amounts to cruelty. <br /> Again, if proper food, medication and shelter is not provided, the <br /> same comes within the purview of cruelty. In the event, if the <br /> cattle are shifted or transported from one place to another and if <br /> during transportation the cattle are overcrowded in a truck/ <br /> transport vehicle, then also it amounts to cruelty under the <br /> statute, and in the process of shifting the cattle to a distant place <br /> and, for any reason, if there is any stoppage for undue period <br /> and for prolong hours by any authority or any officers, it is <br /> needless to say, the same amounts to cruelty because during the <br /> course of transportation sufficient fodder only would be provided <br /> by the petitioner-cum-owner of the cattle during the transit <br /> period. <br /> <br /> <b>8. </b> <b> </b> The respondents in their counter affidavit except <br /> relying the clauses under the expired MoU, which is not <br /> recognized by any statute, are placing their reliance and without <br /><br /> <b>Page 9 </b><br /> <br /> any authority of law, denying the request of the petitioner <br /> through the present counter affidavit is also of no basis. <br /> <br /> <b>9. </b> <b> </b> In view of the above, this court feels that facilitation <br /> has to be given to the petitioner by the respondents herein <br /> during transportation of the cattle from the State of Tripura to <br /> the place of destination, as earlier it was done in the year 2023 <br /> by granting permission by the respondent-State. <br /> <br /> <b>10. </b> The petitioner only has sought permission from the <br /> State-respondent for issuance of transit permit to take the cattle <br /> to its Goushala at Jharkhand from Tripura and for that purpose <br /> the petitioner has not claimed any financial assistance from the <br /> respondents. The petitioner herein has shown its voluntary <br /> willingness to accept the custody of the cattle and had <br /> undertaken comprehensive, nurturing, and attentive approach <br /> towards the cattle. The entire service rendered by the petitioner <br /> is gratuitous in nature. <br /> <b> </b><br /> <b>11. </b> Sub-rule 9 of the Prevention of Cruelty to Animals <br /> (Care and Maintenance of Case Property Animals) Rules, 2017, <br /> focuses on the adoption or rehabilitation of animals after a <br /> magistrate hands them over. It stipulates that the person <br /> adopting the animal is not the permanent owner, but rather its <br /> guardian, responsible for its well-being. Sub-rule 9 of the Rules, <br /> 2017, reads as under: <br /> <b>“(9) Process of adoption or other disposition (1) The infirmary, pinjrapole, SPCA, Animal Welfare </b><br /> <b>Organisation or Gaushala having custody of the animal during the litigation or post litigation may </b><br /> <b>euthanize the animal in its custody as per section 13 of the Act. </b><br /> <b>(2) Where the animal has been forfeited to the infirmary, pinjrapole, SPCA, Animal Welfare Organisation </b><br /> <b>or Gaushala after conviction, abandonment or voluntary relinquishment, as the case may be, the animal </b><br /> <b>shall be put up for adoption. </b><br /><br /> <b>Page 10 </b><br /> <br /> <b>(3) A person who has been charged under the Act or any cattle preservation law made by the State </b><br /> <b>Government shall be prohibited from adopting animals from the infirmary, pinjrapole, SPCA, Animal </b><br /> <b>Welfare Organisation or Gaushala. </b><br /> <b>(4) The infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala prior to giving the animal </b><br /> <b>for adoption shall,- </b><br /> <b>(a) in case of cattle, take an undertaking in form of an affidavit that the animals are adopted for </b><br /> <b>agriculture purposes and not for slaughter, and verify that the person adopting the animal is an </b><br /> <b>agriculturist by seeing the relevant revenue document; </b><br /> <b>(b) in case of draught and pack animals, take an undertaking in the form of an affidavit that the animals </b><br /> <b>are adopted for draught and pack purposes and not for slaughter; </b><br /> <b>(c) in case of dogs and cats, ensure that the animal is spayed or neutered before adoption; </b><br /> <b>(d) keep a record of name and address of the person adopting the animal and procure an identity proof </b><br /> <b>and address proof of the person adopting the animal; </b><br /> <b>(e) obtain from the person adopting the animal a declaration in the form of an affidavit that he shall not </b><br /> <b>alienate the animal up to six months from the date of adoption and shall abide by the rules for transport </b><br /> <b>framed under the Act or any other law for the time being in force and shall get regular veterinary checkup </b><br /> <b>done for the animal. </b><br /> <b>(5) The person adopting the animal shall- </b><br /> <b>(a) not sell the animal; </b><br /> <b>(b) not abandon the animal; </b><br /> <b>(c) follow the State cattle protection and preservation law; </b><br /> <b>(d) not sacrifice the animal for any religious purpose; </b><br /> <b>(e) not sell the cattle to a person outside the State without permission as per the State cattle protection </b><br /> <b>and preservation law. </b><br /> <b>(6) Where a cattle or a draught and pack animal has been adopted, before its removal from the premises </b><br /> <b>of the infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala, the proof of adoption shall </b><br /> <b>be issued in five copies, out of which first copy shall be handed over to person adopting the animal, </b><br /> <b>second copy to infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala, as the case may be, </b><br /> <b>third copy to tehsil office of the residence of person adopting the animal, fourth copy to the Chief </b><br /> <b>Veterinary Officer, Office of District of person adopting the animal and last copy shall be sent to the court </b><br /> <b>to be filed in the case file. </b><br /> <b> </b><br /> <b>(7) The adoption of animal shall not create an irrevocable right to the person adopting the animal, and </b><br /> <b>the înfirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala, as the case may be, may from </b><br /> <b>time to time inspect the animal and in case it finds that the person who has adopted the animal is not </b><br /> <b>providing sufficient care or it has reasons to believe that an offence under the Act or any cattle </b><br /> <b>preservation law is anticipated, then the infirmary, pinjrapole, SPCA, Animal Welfare Organisation or </b><br /> <b>Gaushala, as the case may be, shall take possession of the animal. </b><br /> <b>(8) The person adopting the animal shall only be the lawful guardian of the animal and shall not have any </b><br /> <b>rights bestowed generally to an owner of the animal, but shall have the duty to take all responsible </b><br /> <b>measures to ensure the well being of such animal and to prevent infliction upon such animal of </b><br /> <b>unnecessary pain or suffering.” </b><br /> <b> </b><br /> <b>12. </b> This Court is to ensure that the cattle would be <br /> properly preserved. It is trite law that the rights of the animals, <br /> welfare of the animals and protection of the animals have to be <br /> taken care of in accordance with law. The Hon'ble Apex Court in <br /> <b><i>Animal Welfare Board of India v. A. Nagaraja</i></b> , reported in <br /> <b><i>(2014) 7 SCC 547 para 26</i></b> , has observed thus:-- <br /> <b>"26. PCA Act is a welfare legislation which has to be construed bearing in mind the purpose and object of </b><br /> <b>the Act and the Directive Principles of State Policy. It is trite law that, in the matters of welfare legislation, </b><br /> <b>the provisions of law should be liberally construed in favour of the weak and infirm. Court also should be </b><br /> <b>vigilant to see that benefits conferred by such remedial and welfare legislation are not defeated by subtle </b><br /> <b>devices. Court has got the duty that, in every case, where ingenuity is expanded to avoid welfare </b><br /> <b>legislations, to get behind the smoke-screen and discover the true state of affairs. Court can go behind </b><br /> <b>the form and see the substance of the devise for which it has to pierce the veil and examine whether the </b><br /> <b>guidelines or the Regulations are framed so as to achieve some other purpose than the welfare of the </b><br /> <b>animals. Regulations or guidelines, whether statutory or otherwise, if they purport to dilute or defeat the </b><br /> <b>welfare legislation and the constitutional principles, Court should not hesitate to strike them down so as </b><br /> <b>to achieve the ultimate object and purpose of the welfare legislation. Court has also a duty under the </b><br /> <b>doctrine of parents patriae to take care of the rights of animals, since they are unable to take care of </b><br /> <b>themselves as against human beings." </b><br /><br /> <b>Page 11 </b><br /> <br /> <br /> <br /> <b>13. </b> In the spirit of the object of the Act, as enunciated in <br /> <b><i>A Nagaraja (supra)</i></b> , this Court is of the <i>prima facie</i> view that in <br /> the interest, nurture, care, protection from slaughter house, the <br /> petitioner can have a right to claim to transport its own cattle <br /> from its Gaushala at Tripura to its own Gaushala at Jharkhand. It <br /> can safely be concluded that the cattle would be safe in the <br /> custody of the petitioner. <br /> <br /> <b>14. </b> Accordingly, this Court directs the respondent-State to <br /> issue transit permit in favour of the petitioner to transport the <br /> rescued cattle from the State of Tripura to the State of <br /> Jharkhand, the Gaushala of the petitioner. Thereafter, the <br /> petitioner shall be at liberty to transport the cattle to its <br /> Gaushala at Jharkhand following due care and caution. It is made <br /> clear that in course of such transportation there shall be no <br /> violation of any of the provision under the Act, 1960 and Rules, <br /> 2017 by the respondents and their subordinates and shall co-<br /> operate and assist in shifting the cattle from Tripura to Jharkhand <br /> via Assam, Meghalaya, West Bengal and Bihar. <b> </b><br /> <br /> <b> </b><br /> <b>15. </b> In the above conspectus, the instant writ petition <br /> stands allowed to the extent as indicated above. As a sequel, <br /> pending application(s), if any, also stands disposed. <br /> <br /> <br /> <br /> <b>JUDGE </b><br /> <b> </b><br /> <b> </b><br /> <b> </b><br /> Digitally signed by <br /> SAIKAT KAR <br /> Date: 2026.03.26 <br /> 14:55:15 -04'00'<br /> SAIKAT KAR</div>