Liyakatbhai Shabirbhai Pathan vs State of Gujarat and 1

Honourable Mr. Justice M.R. Shah

Present petition under Article 227 of the Constitution of India has been preferred by the petitioner for an appropriate order to quash and set aside the judgement and orders at Annexure-A and Annexure-B passed by the learned Judicial Magistrate (First Class), Borsad in Muddamal Application No. 35 of 2011 dtd.7/7/2011 as well as the judgement and order passed by the learned Additional Sessions Judge, Anand in Criminal Revision Application No. 63 of 2011 dtd.3/10/2011. At the outset, it is required to be noted that the present proceedings arise out of the application submitted by the petitioner for handing over the custody of the muddamal / live stock - 8 buffaloes. Both the courts below have rejected the said application. Hence the petitioner has preferred the present petition under Article 227 of the Constitution of India.

Today when the present petition is taken up for final hearing, Mr.Hemant Raval, learned advocate has appeared on behalf of the respondent No. 2 - Panjarapole, to whom the custody of the muddamal buffaloes was given. An affidavit in reply is filed on behalf of the respondent No. 2 pointing out that out of 8 buffaloes, 7 buffaloes have died due to various reasons inclusive of old age and anemia. It is submitted that even 2 buffaloes died at the time of unloading the buffaloes from the vehicle.

Mr.Pujara learned advocate appearing on behalf of the petitioner has submitted that as such the death of the buffaloes was not disclosed before the learned trial court. Be that it may. The fact remains that out of 8 buffaloes, 7 buffaloes have died and therefore, it is not possible now to consider he prayer of the petitioner to hand over the possession of the buffaloes. Under the circumstances, present petition is disposed of reserving liberty in favour of the petitioner herein to submit an appropriate application before the concerned Magistrate in the aforesaid case pointing out the death of the muddamal livestock - 7 buffaloes in question and also pray for compensation and the learned Magistrate may hold necessary inquiry with respect to death of muddamal live stock and pass an appropriate order in accordance with law and on its own merits and on the basis of the outcome of such inquiry, the learned Magistrate may pass consequential order for compensation, in case it is found that the muddamal livestock in question have abruptly died due to the negligence and/or carelessness on the part of the respondent No. 2 herein -Borsad Panjarapole, to whom the custody of the muddamal livestock was given. Such an inquiry to be concluded by the learned Magistrate within a period of four months from the date of receipt of such an application.