LAWS(CAL)-2023-12-67

SUKANTA MALLICK Vs. UNION OF INDIA

Decided On December 19, 2023
Sukanta Mallick Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The writ petition has been filed with a two-pronged attack. The petitioner gave a declaration regarding birds of exotic species, in which the petitioner deals, and its progeny as well as transfer of possession of such birds. Such declaration was made under the Advisory for Dealing with Import of Exotic Live Species in India and Declaration of Stock, informally known as the 'Parivesh Rules, 2020'. The respondent-Authorities having rejected the same on the ground that source documents were not uploaded, the petitioner has preferred the first limb of the challenge.

(2.) Secondly, the petitioner also applied for Breeders of Species Licence under the Breeders of Species Licence Rules, 2023 read with Sec. 49M and Sec. 49N of the Wildlife (Protection) Act, 1972, as amended by the Wildlife (Protection) Amendment Act, 2022.

(3.) The rejection of such application for licence was on the premise that the same was filed beyond the time stipulated in the Act and the Rules.