GAURI MAULEKHI Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Heard Ms. Priyanka Bangari, learned counsel for the petitioner, Sri Paresh Tripathi, learned Chief Standing Counsel for the State of Uttarakhand, and Sri Sanjay Bhatt, learned Standing Counsel for the Union of India.

(2.) The relief sought for in this writ petition is for an order or direction, in the nature of certiorari, to quash the order of the Chief Wildlife Warden dated 28.02.2019; and to pass an order for the eight case property elephants to be treated and housed at their natural habitat in the custody of the Forest Department, since these animals are the property of the Government.

(3.) By the proceedings, impugned in this writ petition, the office of the Chief Forest Protection (Wildlife) / Wildlife Conservator, Uttarakhand informed the Divisional Forest Officers that, pursuant to the letter of the DFO dated 05.02.2019, the custody of the elephants of the Forest Department be handed over, after inquiry of the legal documents with respect to the elephant as per the provisions of Wildlife (Protection) Act, 1972, in terms of the order passed by the Supreme Court in SLP (Civil) Dairy No. 44563/2016 dated 29.01.2019. The Divisional Forest Officers were directed to ensure compliance of the prevalent orders / rules with respect to maintenance of elephants, and to also ensure that the health, food and maintenance of elephants is monitored at regular intervals.