N. G. Jayasimha vs. Union Of India Through The Secretary Animal Welfare Division Ministry Of Environment Forest And Climate Change

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION NO. 431 OF 2018

STATE OF MAHARASHTRA & ANR. Petitioner(s) VERSUS

16:56:29 IST Reason:

AJAY MARATHE & ANR. Respondent(s)

O R D E R

This transfer petition is taken on board and is coming after notice.

Mr. Abhay Anturkar, learned counsel represents the writ-petitioner(s) before the High Court.

Considering the fact that the entire issue is pending before this Court and has been referred to the Constitution Bench, we deem it appropriate, in the interest of justice, to allow this transfer petition. Ordered accordingly.

In view of the above, the petition being No. PIL Stamp No. 23132 of 2017 filed before the High Court of Judicature at Bombay stands withdrawn and transferred to this Court, to be heard alongwith W.P. (C) No. 23 of 2016 and connected cases. Digitally signed by NEETU KHAJURIA Date: 2021.12.01 Signature Not Verified

The Registry is directed to do the needful forthwith.

....................,J. (A.M. KHANWILKAR)

....................,J. (C.T. RAVIKUMAR)

NEW DELHI NOVEMBER 29, 2021. ITEM NO.1 Court 3 (Video Conferencing) SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 23/2016 THE ANIMAL WELFARE BOARD OF INDIA & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) ([ONLY I.A-101326/20 IN SC-3526-27/18 IS LISTED] ) WITH SLP(C) No. 3526-3527/2018 (IX) ( FOR CLARIFICATION/DIRECTION ON IA 101326/2020 IA No. 101326/2020 - CLARIFICATION/DIRECTION) Transfer Petition No. 431 of 2018 Date : 29-11-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. Mukul Rohatgi,Sr. Adv Mr. Sachin Patil, AOR Mr. Rahul chitnis,Adv Mr. Aaditya A. Pande,Adv Mr. Geo Joseph,Adv Ms. Anjanli Sharma,Adv Ms. Sujeeta Srivastava, AOR Ms. Manisha t. Karia, Adv. Ms. Nidhi Nagpal, Adv. Ms. Sukhda Kalra, Adv. Mr. Adarsh Kumar, Adv. For Respondent(s) Dr. Joseph Aristotle S. AOR Ms. Preeti Singh,Adv Ms. Ripul Swati Kumari,Adv Mr. Sanjeev Kumar Mahara,Adv Mr. Tushar Mehta,Ld SG Mr. K.M Nataraj,Ld ASG Mr. Gurmeet Singh Makker, AOR Mr. Kanu Agrawal,Adv Mr. Devashish Bharukha,Adv

Mr. Shamik Sananwala,Adv Mr. Alendu Shekhar,Adv Mr. Balaji Srinivasan,Adv Mr. Abhay Anil Anturkar,Adv Mr. Vaibhav Kulkarni,Adv Mr. Harshvardhan Suryavanshi,Adv Ms. Bhavya Pande,Adv Mr. Dhruv Tank,Adv Dr. R. R. Deshpande, AOR Ms. Supriya Juneja, AOR Mr. M. Yogesh Kanna, AOR Mr. M. Y. Deshmukh, AOR Mrs. Manjeet Kirpal, Adv. Mr. Nandkumar Deshmukh, Adv. Mr. Ravindra Keshavrao Adsure, AOR Mr. Ankur S. Kulkarni, AOR Mr. D. Kumaran, AOR UPON hearing the counsel the Court made the following

O R D E R

T.P. (C) No. No. 431 of 2018

The transfer petition is allowed in terms of the signed order.

Pending applications, if any, stand disposed of.

I.A No.101326/20 IN SC-3526-3527 OF 2018

Our attention has been invited by Mr. Abhay Anturkar, learned counsel appearing for the non-applicant to paragraphs 43 and 44 of the judgment in Animal Welfare Board of India Vs. A. Nagaraja & Ors. reported in (2014) 7 SCC 547, opposing the relief claimed in this application.

Although, the relief claimed in this application is

confined to the State of Maharashtra, for the nature of issue involved, it may be appropriate to hear the parties appearing in proceedings before this Court pertaining to the State of Tamil Nadu and State of Karnataka, in particular.

Learned counsel for the applicant (State of Maharashtra) to serve copy of this application on the concerned advocates along with the copy of this order, so that they can address the Court on the next date about the nature of interim relief to be granted which can be uniformed for all the three States.

The parties to file response/written note, before the next date of hearing through email.

List this application on 06.12.2021.

(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file]