Patna High Court
CAPE FoundationversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Patna High Court held that although the respondents eventually complied with the Calcutta High Court order, their undue delay caused the death of an elephant and warranted the dismissal of the writ petition with a cost order against the State respondents.
Summary
The Cape Foundation filed a writ petition in the Patna High Court seeking the immediate identification, safe custody, and return of three captive elephants (Bhola, Suman and Basanti) to West Bengal, invoking a Calcutta High Court order dated 23 June 2025. The petition alleged that the elephants had been illegally transferred to Mahant Satdeo Das in Bihar and that the State of Bihar had failed to comply with the earlier order despite multiple communications. The respondents contended that the elephants had been handed over to the Gorumara National Park authorities in West Bengal after a letter dated 22 March 2026, thereby complying with the Calcutta High Court’s direction, though one elephant, Suman, died during the delay. The Patna High Court observed that while the order was eventually complied with, the respondents’ procrastination resulted in the death of Suman and constituted a failure to act promptly. Consequently, the court disposed of the writ petition, imposing a cost of Rs.10,000 on the State respondents to be recovered from the erring officials, and directed that the amount be used for animal welfare purposes.
Issues considered
- Did the respondents comply with the Calcutta High Court order to return the captive elephants to West Bengal?
- Can the writ petition be granted for further relief after the alleged compliance?
- Are the respondents liable for the death of the elephant Suman due to delay in compliance?
- Is the imposition of costs on the State respondents appropriate under the circumstances?
Legislation cited
Subjects
- animal welfare
- captive elephants
- writ petition
- inter‑state jurisdiction
- wildlife protection
- Right to Information Act
- cost order
- delay
- death of animal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4052 of 2026
======================================================
CAPE Foundation 21/2, Dover Road, P. S. Ballygunge, Kolkata -700019,
through its Managing Trustee Radhika Bose Makar @ Radhika Bose, Female,
Aged About 51 years, D/o Late Malay Kumar Bose, R/o 6/1 A, Nandalal Jew
Road, P.S. Tollygunge, Kolkata-700026, West Bengal.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Forest, Government of Bihar, Patna.
3. The Principal Chief Conservator of Forest (Wildlife) and Chief Wildlife
Warden, Bihar, Aranya Bhawan, Patna.
4. The Divisional Forest Officer, Gopalganj Forest Division, Bihar.
5. Mahant Satdeo Das, S/o Late Mahant Chandradeo Das, Satguru Daria
Ashram, P.S. Sidhwalia, Dist Gopalganj, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avanish Kumar Singh, Advocate
For the Respondent/s : Mr.Government Pleader (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-06-2026 Heard Mr.Avanish Kumar Singh, learned counsel for
the petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of an appropriate writ, order
or direction commanding the respondent
authorities to immediately identify the
present location of the captive elephants
namely Bhola, Suman and Basanti, presently
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kept by the Respondent No. 5 and/or
displaced within the State of Bihar;
ii) for issuance of a writ directing the
respondents to forthwith take safe custody of
the aforesaid elephants and ensure that no
further illegal transportation, displacement
or commercial exploitation takes place;
iii) for issuance of a writ directing the
respondents to strictly comply with and
facilitate implementation of the final
judgment dated 23.06.2025 (pronounced on
24.06.2025) passed by the Hon'ble High
Court at Calcutta in W.P.A. No. 19941 of
2018 (Cape Foundation & Another vs. State
of West Bengal & Others);
iv) for issuance of any other writ/writs,
order/orders or direction/directions as this
Hon'ble Court may deem fit and proper in
the interest of justice, animal welfare and
rule of law;
3. Bhola, Suman and Basanti, these are the name of
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the captive elephants who according to the petitioner were
illegally detained within the territorial jurisdiction of the State
of Bihar which otherwise should have been in the State of West
Bengal in view of the order passed by the Calcutta High Court
in the case of Cape Foundation and Another vs. State of West
Bengal and Another (WPA19941(W) of 2018) decided by
Division Bench on 23.06.2025 (Annexure-P/1 to the writ
petition). The same petitioner organization is before this Court.
4. The contention in the writ petition is that through
Right to Information Act, they came to know that these three
elephants who were earlier with the Natraj Circus, Kolkata
have been illegally transported to the respondent no.5, Mahant
Satdeo Das, in the State of Bihar and wanted it back to the
territorial jurisdiction of West Bengal.
5. The Public Interest Litigation vide no.
WP19941(W) of 2018, as recorded above, was taken up and by
an order dated 23.06.2025, the Division Bench disposed of the
matter directing the respondent no. 2 in the said case, Chief
Conservator of Forest Wildlife, West Bengal to take immediate
steps, interact with the appropriate authorities in the State of
Bihar and ensure their return journey to the State of West
Bengal. The State respondents were allowed to realize the cost
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of transportation in accordance with law.
6. As nothing happened thereafter, CAPE
FOUNDATION preferred the present writ petition.
7. Mr. Avanish Kumar Singh, learned counsel for the
petitioner submits that within a fortnight of the said order of the
Calcutta High Court, the Principal Chief Conservator of Forests
(Wildlife) & Chief Wildlife Warden, West Bengal dated
03.07.2025 requested the Chief Wildlife Warden, Bihar to
comply the High Court’s order, identify the current location of
the elephants and take safe custody to prevent their further
displacement so that they can have their return journey to the
West Bengal. The list of Officers were also provided and forms
part of the writ petition as (Annexure-P/2 to the writ petition).
8. The contention of the petitioner is that through the
foundation counsel who is representing them in the Court, the
matter was also taken up with the Principal Secretary,
Department of Forest, Bihar, Patna and a letter to this effect was
handed over on 14.07.2025 but without any response
(Annexure-P/3 to the writ petition).
9. The different Annexure shows that the West Bengal
officials repeated their request on 10.11.2025 and 15.12.2025
but the Calcutta High Court’s order was not complied.
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10. It is to be noted that the learned counsel for the
petitioner has provided a news report of the ‘Statesman’
(Kolkata) dated 22.02.2026 to show that ‘Suman’, one of the
elephant who was visibly unwell but was forced into
commercial activity in Siwan subsequently died.
11. Following the writ petition, a counter affidavit has
come duly signed by the respondent no.04, the Divisional Forest
Officer, Gopalganj, Forest Division, Bihar and their contention
is that in the year 2017 itself. It was handed over to one Mahant
Satdeo Das (respondent no.05) and after the order of the
Calcutta High Court, they took steps and though ‘Suman’ is no
more, ‘Bhola’ (male), Micro chip no. 00064D7822 and
‘Basanti’ (female) Micro chip no. 00064DFCFI now stand
transferred/handed over to the Divisional Forest Officer,
Gorumara National Park, West Bengal pursuant to the letter no.
380 dated 22.03.2026 issued by the Additional Principal
Conservator(wildlife) cum Chief Wildlife Warden, Bihar, Patna
(respondent no.3).
12. The submission is that the order stands complied
and the elephants have been handed over to the West Bengal,
Forest Division.
13. Having heard the parties, though the order of the
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Calcutta High Court has been belatedly complied, this Court
cannot overlook the fact that in between, one of the elephant,
‘Suman’ died. The order of the Calcutta High Court is dated
23.06.2025, the West Bengal counter-part sent a request letter on
03.07.2025 and followed it up by letters dated 10.11.2025 and
15.12.2025.
14. In between, the learned counsel for the petitioner,
namely, Mr. Avanish Kumar Singh also visited the Department
and made a request to the officials but as usual, the respondents
took their own time. ‘Suman’ subsequently died in the month of
February, 2026.
15. It is further to be noted that the statements made
by the petitioner in the paragraphs 08 to 10 of the writ petition
have not been replied by the State respondents inasmuch as, the
answer to paragraphs 08 to 10 records it as a matter of fact. To
sum up, the respondents have accepted the points put forward
by the petitioner that they were well informed about the
Calcutta High Court’s order but failed to act in time.
13. In that background and considering the delay
caused by the respondents which resulted into the death of
‘Suman’, the writ petition is disposed of with a cost of
Rs.10,000/- imposed upon the State-respondents which shall be
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handed over to the learned counsel for the petitioner, Mr.
Avanish Kumar Singh in next four weeks. The respondent
authorities are free to realize the said amount in accordance with
law from the pocket of erring officials who delayed the transfer
process which led to the death of ‘Suman’.
14. It is expected that Mr. Singh will use the said
amount for the purpose of caring any other animal who may be
captive and heed rehabilitation.
(Rajiv Roy, J)
Ravi/Shivangi
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