Telangana HC orders GHMC to return pet dog to owner, says rules not followed during seizure; imposes conditions for safe relocation
HYDERABAD: The Telanagna high court on Wednesday directed the Greater Hyderabad Municipal Corporation (
GHMC
) to immediately release a pet dog seized from its owner, observing that the action was taken without following due process of law and without adequate medical care for the animal.
The court also imposed conditions on the owner while releasing the dog.
Justice B Vijaysen Reddy passed this interim order in a petition filed by EB Dakshina Murthy (58), an astrologer from Chikkadpally, who had challenged the seizure of his pet dog 'Ares', reportedly a Dogo Argentino breed, by GHMC authorities acting on police instructions. He alleged the dog was confined in a small cage with no proper food or medical attention and urged the court to direct its release.
Murthy contended that despite holding a valid pet licence, his dog was forcibly taken away by GHMC officials on May 19 based on a complaint from his brother EB Narsimha Murthy.
According to the police and GHMC, the seizure followed a complaint lodged by the petitioner's brother, who alleged that the dog was being used to threaten him and other residents.
The complaint led to the registration of an FIR at Chikkadpally police station under various provisions of the Bharatiya Nyaya Sanhita (BNS).
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The authorities also submitted medical records showing that the complainant had sustained injuries allegedly caused by the dog. However, the court noted that the GHMC had acted without issuing a notice to the petitioner or ensuring proper care for the dog. It found merit in the petitioner's argument that due procedure was not followed.
Pending further hearing, the court directed the GHMC's deputy director (veterinary), Secunderabad zone, to release the dog forthwith.
However, the court also imposed certain restrictions, barring the petitioner from keeping the dog at his current residence and instructing him to relocate the animal to a safer environment away from strangers.
The court further directed the petitioner to implead his brother, the complainant, as a party to the writ petition and clarified that the order would not prevent authorities from taking lawful action if it is ultimately established that the breed in question is banned in India. The matter has been posted to July 9 for further hearing.
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