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CDJ 2025 MPHC 249
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| Court : High Court of Madhya Pradesh (Bench at Indore) |
| Case No : WP No. 15275 of 2019 |
| Judges: THE HONOURABLE MR. JUSTICE VIJAY KUMAR SHUKLA & THE HONOURABLE MR. JUSTICE BINOD KUMAR DWIVEDI |
| Parties : Doing Needful A Association Of Yong People Plantation Group Of Indore City Thr. Rupesh Sharma Versus The State Of Madhya Pradesh & Others |
| Appearing Advocates : For the Petitioner: Gagan Bajad, counsel. For the Respondents: Piyush Mathur, Senior Counsel, Madhusudan Dwivedi, counsel appearing as amicus cuariae, Bhuwan Gautam, GA, Kirti Patwardhan, Manish Yadav, learned counsels (intervenor). |
| Date of Judgment : 19-12-2025 |
| Head Note :- |
| Subject |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Suo Moto Writ Petition (Civil) No.05 of 2025
- W.P. No. 13735/2013 (Sanjay Vs. State of M.P.)
2. Catch Words:
- Stray dogs
- Animal birth control
- Removal of livestock
- Sterilization
- Rabies vaccination
- Public Interest Litigation
3. Summary:
The Court entertained a PIL seeking removal of cattle, sheep, goats and control of stray dogs within Indore city limits. Intervenors’ applications (I.A. Nos. 2941/2020 and 9914/2021) were allowed. The Court recalled earlier orders directing the Indore Municipal Corporation (IMC) to hold regular meetings with NGOs and to continue sterilisation of street dogs, ensure free rabies vaccines, and conduct public‑awareness campaigns. It directed the IMC to submit a detailed action plan and report on sterilisation and removal drives, especially in prominent public places, within ten days. Non‑compliance may invite personal appearance of the Commissioner. The order reinforces compliance with the Supreme Court’s earlier directive dated 07.11.2025.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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I.A.Nos.2941/2020 and 9914/2021 are filed by intervenors. The same are allowed.
Shri Rishi Kumar, Incharge of Animal Birth Control department is present in the Court.
The present Public Interest Litigation has been filed seeking a direction to remove the livestock i.e. cattle, sheep, goats of all the owner or possessor from the city limits to protect the greenary. An issue of stray dogs was also raised in the petition.
This Court on 25.11.2025 passed an order granting 10 days time to counsel for the State to apprise this Court that what action has been taken by the Indore Municipal Corporation with regard to removal of stray dogs in terms of the order passed by the Supreme Court dated 07.11.2025 in Suo Moto Writ Petition Writ Petition (Civil) No.05 of 2025 in RE. "CITY HOUNDED BY STRAYS, KIDS PAY PRICE" reported in 2025 Live Law 2 WP-15275-2019 (SC) 1072.
Shri Piyush Mathur, learned Senior Counsel apprised this Court that earlier also there are orders passed by this Court in different petitions. He has placed before this Court the interim order dated 28.4.2014 and final order dated 9.5.2019 passed in W.P. No. 13735/2013 (Sanjay Vs. State of M.P.). The directions issued in the aforesaid order is reproduced herein :-
"We direct the Commissioner, IMC to hold meeting from time to time with atleast two representatives of the NGO, the petitioner or his counsel, officers from the VETS society for Animal Welfare, the officials of Veterinary Department. The Corporation may also call for the representatives of any other agency, if awarded contract for catching stray animals."
Further, in the final order following directions were issued :-
(a) The Indore Municipal Corporation shall continue with the sterlization of street dogs and the centers established by Indore Municipal Corporation shall not be closed unless and until all the street dogs are sterlized.
(b) the State of M.P. is directed to ensure free supply of rabies vaccines to all those persons, who approach the hospitals in case of a dog bite.
(c) Indore Municipal Corporation shall hold periodical meeting which they have held on 5.5.2019 after every 2 months and all the NGOs shall also be invited by Indore Municipal Corporation to attend such meeting and to obtain their suggestion in the matter.
(d) Indore Municipal Corporation shall also start a campaign in respect of public awareness relating to birth control of street dogs and also regarding ante-rabies vaccination.
Counsel for the State on instructions submits that certain drives were taken by the Municipal Corporation with regard to cattle issue and also the stray dogs. In para No.5 of the reply it is stated that teams of Municipal 3 WP-15275-2019 Corporation are constantly engaged in removal of stray cattle from the city and updated reports are forwarded to the concerned department on quarterly basis. However, counsels for the intervenors submit that whole city is facing menace because of the stray dogs and number of dog biting cases are reported.
Considering the same, we direct the Indore Municipal Corporation to comply with the direction which have been reproduced hereinabove and also the directions given by Apex Court which has been referred in our order dated 25.11.2025. In order to ensure proper compliance of the directions, we direct that Commissioner, Municipal Corporation will hold the meeting of concerned officers of the Corporation and also to prepare an action plain in this regard. The meeting shall be fixed within 10 days from today. In addition to that, the Municipal Corporation shall also identify the prominent public places including tourist places of Indore city i.e. Chhappan Dukan and Sarafa, etc. and conduct a drive for removal of stray dogs on top priority on the said places and before the next date, the Corporation will file an action report in this regard with datas of sterlization of stray dogs, which shall be supported by an affidavit of the senior officer of the Corporation. If we find that action report is not satisfactory, we may direct personal appearance of the Commissioner,Municipal Corporation,Indore.
List on 13.01.2026.
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