Bombay High Court

NAVKAR GOSHALA PANJARPOLE SANSTHA, DHULE THROUGH ITS AUTHORIZED REPRESENTATIVE SHRINIWAS DHUPPADversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISMISSED
Bench: Y G KHOBRAGADE

Holding

The order granting interim custody of the bullocks to the owner is not illegal, and the writ petitions are dismissed.

Summary

The petitioner, Navkar Goshala Panjarpole Sanstha, a cow shelter, filed a criminal writ petition challenging an order dated 13 August 2020 passed by the Additional Sessions Judge, Dhule, which set aside a lower court order granting interim custody of seized bullocks to respondent No.2, the owner of the cattle. The petitioner argued that the order was illegal and that it had the right to intervene despite not being the owner of the animals. The High Court observed that the lower court’s order was not illegal, that the petitioner, being merely a shelter, lacked standing to claim custody, and that no specific grounds were raised in the petition. The Court also noted that the petitioner’s counsel had not responded to notices, indicating a lack of interest in prosecuting the matter. Consequently, the Court dismissed the writ petitions. The dismissal was based on the absence of any legal infirmity in the impugned order and the petitioner’s failure to demonstrate locus standi or provide substantive grounds for relief.

Issues considered

Whether the order granting interim custody of the seized bullocks to the owner is illegal or contrary to law.
Whether the cow shelter (petitioner) has locus standi to challenge the custody order despite not being the owner of the animals.
Whether the writ petition is maintainable in the absence of specific grounds of challenge.

Subjects

criminal revision
interim custody
animal welfare
locus standi
writ petition
High Court

Judgment

2026:BHC-AUG:9396
                                                                           46wp1101-20

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                        46 CRIMINAL WRIT PETITION NO. 1101 OF 2020

                 Navkar Goshala Panjarpole Sanstha, Dhule Through Its Authorized
                               Representative Shriniwas Dhuppad
                                            VERSUS
                               The State Of Maharashtra And Anr
                                             WITH
                         CRIMINAL WRIT PETITION NO. 1188 OF 2020

               Navkar Goshala Panjarpole Sanstha, Dhule Through Its Authorized
                                Representative Shriniwas Dhuppad
                                             VERSUS
                                The State Of Maharashtra And Anr
                                                ...
            Mr. Karan V. Sarosiya h/for Mr. Bora Satyajit S., Advocate for the
            Petitioner
            ,APP for Respondents
            Mr. K. S. Patil, Advocate for Respondent State
            Ms. Vaishali S. Swami h/for Mr. M. C. Swami, Advocate for Respondent
            No.2

                                   CORAM      : Y. G. KHOBRAGADE, J.
                                  Dated       : 4th March, 2026

            PER COURT :-
            1.         The learned counsel appearing for the petitioner filed a pursis

            stating that on 18.02.2026, he issued a notice to the petitioner through

            speed post and as per the postal tracking report, the same has been

            delivered on 21.02.2026. He also made telephonic communication with

            the petitioner but he has not received any instructions till date. The

            learned counsel appearing for respondent No. 2 also made a statement

            that she has no instructions from her client.


            2.         Needless to say that on 13.10.2020, the petitioner has filed the

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                                                                         46wp1101-20

           present petition challenging the order dated 13.08.2020 passed by the

           learned Additional Sessions Judge, Dhule in Criminal Revision

           Application No.22 of 2020, whereby quashed and set aside the order

           dated 06.07.2020 passed by the learned JMFC, Dhule in Cri. Misc.

           Application No. 475 of 2020 and granted interim custody of bullocks

           in favour of   respondent no.2.      The Petitioner appears to be Cow

           Shelter (Goshala) and is not the owner of seized bullocks. The learned

           Judicial Magistrate, granted custody of cattle in favour of respondent

           No.2 who is owner of the cattle. Therefore, the impugned order does

           not appear to be illegal or bad in law. No grounds are set out in the

           petition to interfere with the impugned order.


           3.       Moreover, the learned counsel for the petitioner has already

           served a private notice upon the petitioner; however, no instructions

           have been received in pursuance of the said notice, which shows that

           the petitioner is not interested in prosecuting the matter.


           4.       In view of the above discussion, the petitions are dismissed.




                                                          ( Y. G. KHOBRAGADE, J. )
JPChavan




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