Ajay Mohan Goel, J
1. By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-
"i. Issue a writ of Certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned decision/action of the respondent-Municipal Corporation, Shimla whereby it has decided/attempted to demolish one Gau Sadan and three Pashu Padavs at Boileauganj, Shimla-171005, without issuance or supply of any written order, notice or hearing;
ii. Issue a writ of Mandamus directing the respondents not to demolish, dismantle or in any manner interfere with the existing Gau Sadan and three Pashu Padavs at Boileauganj, and further restraining them from removing or displacing the cows/cattle housed therein, except in accordance with law and after due compliance of constitutional and statutory requirements;
iii. Direct the respondents to produce the complete record/file relating to the decision to demolish the Gau Sadan and Pash Padavs and to construct residential quarters for municipal staff on the said land, including resolutions, approvals, sanctioned plans, tenders, noting sheets and any environmental or statutory clearances;
iv. Declare that the land and structures comprising the Gau Sadan and Pashu Padavs at Boileauganj are public utility facilities held in public trust for cattle welfare and cannot be diverted for residential or any other purpose without due process of law and without prior leave/clarification of this Hon'ble Court;
v. In the alternative, if relocation is at all considered unavoidable, direct the respondents to ensure that rehabilitation and relocation of the Gau Sadan and Pashu Padavs is carried out first, within the same or nearby vicinity, with proper infrastructure, veterinary care, fodder and water facilities, and only thereafter take any further action, strictly in accordance with law;
vi. Issue appropriate directions for protection and welfare of cows and cattle, including maintenance of proper shelter, fodder, water and veterinary facilities at the existing site till final adjudication of the matter;
vii. Direct the espondent-Municipal Corporation, Shimla to consider and decide the objecti ns/representations submitted by the petitioners and other stakeholders, as contained in Annexure P-7 (Colly.), by passing a reasoned and speaking order within a time-bound period, after affording an opportunity of hearing to the petitioners and concerned Gram Panchayats, and till such decision is taken, restrain the respondents from taking any coercive or demolition action in respect of the Gau Sadan and Pashu Padavs at Boileauganj, Shimla-171005."
2. Learned Senior Counsel for the petitioners submitted that there exists a Gau Sadan and three Pashu Padavs at Boileauganj, over the land in possession of the Municipal Corporation, Shimla and for the purpose of the construction of the residences for the employees of the Municipal Corporation, the Corporation is demolishing the same and accordingly, a mandamus is being prayed that the Corporation be directed not to dismantle the Gau Sadan and Pashu Padavs and interfere with the activities being carried out by the petitioners.
3. On the other hand, learned counsel for the respondent-Corporation has apprised the Court that there are presently 8-10 cows in the Gau Sadan, which are being reallocated to Sunni, where there is ample space and place for the proper reallocation of these cows. He further submitted that as far as petitioners are concerned, they are strangers and have no locus to file and maintain this petition, because it is not as if the Gau Sadan or the three Pashu Padavs are being run by the petitioners on account of any lease having been executed between them and the Municipal Corporation. He submitted that they are strangers and their status is akin to encroachers and in fact their very locus to file and maintain the petition is questionable.
4. Learned Senior Counsel for the petitioners, in rebuttal, submitted that the petitioners are praying for the proper upkeep of the cows, which are there in the Gau Sadan. He further submitted that as far as petitioners are concerned, they do not have any intent to encroach upon the Government land or the Corporation's property. Their limited prayer is that some land be allocated to them for the setting up of a Gau Sadan nearby the town.
5. This Court is of the considered view that as the Corporation is reallocating the cows to a Gau Sadan at Sunni, which is being run by the State Government, the petitioners should be satisfied because it is not as if the Corporation is not taking care of the cows, which are presently in the Gau Sadan in issue. As far as the contention of the petitioners that some land be allotted for the purpose of setting up Gau Sadan in or around Shimla is concerned, no such mandamus can be issued by this Court, but it is always open to the petitioners to approach the Corporation with any such proposal and this Court has no doubt that if the petitioners approach the Corporation with any such proposal, then it could be favourably considered, taking into consideration the purpose behind it.
6. With these observations, these proceedings are closed.
7. However, in order to oversee that the cows presently in the Gau Sadan in issue are properly reallocated to Sunni, this case is ordered to be listed on 26.02.2026, on which date affidavit shall be filed by the Corporation qua reallocation of cows. Pending miscellaneous application(s), if any, also stand disposed of accordingly.
