Created by Fuzzy Cloud

Patna High Court

CAPE FoundationversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CWJC No.4052 of 2026(2) dt.18-06-2026
                                            2/7




                                  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
Patna High Court CWJC No.4052 of 2026(2) dt.18-06-2026
                                            3/7




          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
Patna High Court CWJC No.4052 of 2026(2) dt.18-06-2026
                                            4/7




          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.
Patna High Court CWJC No.4052 of 2026(2) dt.18-06-2026
                                            5/7




                       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
Patna High Court CWJC No.4052 of 2026(2) dt.18-06-2026
                                            6/7




          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
          Patna High Court CWJC No.4052 of 2026(2) dt.18-06-2026
                                                      7/7




                    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

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.