Live Stock Transports Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Live Stock Transports Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

None on the merits. Permission to withdraw was accorded; the Writ Petition was dismissed as withdrawn with no order as to costs, and pending interlocutory applications stand closed. The prayed-for release of the vehicles and bulls and compensation were not granted.

Issue for consideration

Whether the respondents' action in unduly harassing the petitioner firm from carrying on its cattle-transport business (despite requisite permissions), illegally seizing three vehicles carrying bulls, sending the bulls to a Goshala and registering FIRs Nos. 11/2025 and 29/2025 under the Prevention of Cruelty to Animals Act without producing the bulls before the competent authority, was illegal and arbitrary, warranting release of the vehicles and bulls to the buyer at Mydukuru and payment of compensation of Rs. 50,000/- per vehicle.

Ratio / Principle

Leave was granted to the petitioner to withdraw the Writ Petition.

Key takeaways

The Writ Petition is dismissed as withdrawn, with no order as to costs; consequently, no issue on the merits (legality of seizure, FIRs, release or compensation) was decided.ratio¶¶35
As a sequel, the interlocutory applications, if any, pending in the Writ Petition shall stand closed.ratio¶¶37

Detailed headnote1 paragraphs

Live Stock Transports, rep. by its authorized signatory, moved this Court under Article 226 for a writ of mandamus declaring illegal the action of the Andhra Pradesh police in preventing its cattle-transport business despite requisite permissions, seizing vehicles bearing Regd. Nos. AP-39-TU-4434 (18 bulls), AP-39-TU-4474 and AP-39-TM-3568 (32 bulls each) and sending the bulls to a Goshala, pursuant to FIR 11/2025 under S.11(1)(d), (h) of the Prevention of Cruelty to Animals Act registered by Mangalagiri Rural Police Station and FIR 29/2025 under S.11(1)(d), (e) and 20(a) registered by Nallapaddu Police Station without producing the bulls before the competent authority; the petitioner also sought direction to deliver the animals to the buyer at Mydukuru and compensation of Rs. 50,000/- per vehicle. At the hearing, learned counsel for the petitioner sought and obtained leave to withdraw; the Court permitted withdrawal and dismissed the Writ Petition as withdrawn on 07.02.2025, with no order as to costs, and closed the pending interlocutory applications. No question on the merits was decided.

APHC010023022025

[3368]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

WRIT PETITION NO: 1192/2025

Between:

LIVE STOCK TRANSPORTS, REP BY AUTHORIZED SIGNATORY, MR. JAMI RAJASEKHAR, HEAD OFFICE NEAR PRAGATHI COLLEGE, RAMJI NAGAR, GANISETTIPALEM, KOTHAVALASA, VIZIANAGARAM DISTRICT.

...PETITIONER

AND

THE STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT VELAGAPUDI AMARAVATHI.

THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, AMARAVATHI.

THE SUPERINTENDENT OF POLICE, GUNTUR.

THE STATION HOUSE OFFICER, MANGALAGIRI RURAL POLICE STATION, GUNTUR DT.

THE STATION HOUSE OFFICER, NALLAPADU POLICE STATION, GUNTUR DT.

...RESPONDENT(S):

Counsel for the Petitioner:

1.THANDAVA YOGESH

Counsel for the Respondent(S):

1.GP FOR HOME

The Court made the following:

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THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

WRIT PETITION NO.1192 OF 2025

ORDER:

This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:

“…to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in unduly harassing the petitioner firm from carrying on its business by preventing transportation of cattle even though petitioner obtained requisite permissions and following guidelines and rules and illegally seized vehicles with Regd No. AP-39-TU-4434 with 18 bulls and AP-39-TU-4474, AP-39-TM-3568 with 32 bulls each and sent the bulls to a Goshala under the false allegations of not supplying food to the bulls and transporting them in bad condition and causing harm to them by registering FIR.11/2025 U/s.11(1)(d), (h) of Prevention of Cruelty to Animals Act by Mangalagiri Rural Police Station and FIR.29/2025 U/s.11(1)(d), (e) and 20(a) of Prevention of Cruelty to Animals Act by Nallapaddu Police Station without producing the bulls before competent authority is illegal, arbitrary, violation of fundamental rights guaranteed under Art.14, 19 and 21 of Constitution of India Consequently direct the respondents to release the illegally seized vehicles with Regd No. AP-39-TU-4434 with 18 bulls and AP-39-TU-4474, AP-39-TM-3568 with 32 bulls and allow them to deliver to the same to the buyer at Mydukuru and also direct the

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respondent police to Pay compensation of Rs.50,000/- to each vehicle and pass…”

2. Sri G.Malleswara Reddy, learned counsel representing

Sri Thandava Yogesh, learned counsel for the petitioner sought permission to withdraw the writ petition.

Learned Additional Government Pleader for Home is in attendance.

4. Permission is accorded.

Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs.

As a sequel thereto, the interlocutory applications, if any,

pending in this Writ Petition shall stand closed.

______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI

07.02.2025 Pmk

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THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

WRIT PETITION NO:1192 of 2025

Date: 07.02.2025

Pmk