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The high court was also told by the counsel for the NGO that the elephant had been seized in Rajasthan and now forms a ”case property” of criminal proceedings which have been drawn before the competent court.
The NGO’s counsel said an order has been passed by the competent court which granted Bijli’s custody to the NGO in the interim.
The high court was hearing a petition in which the petitioner, who claims to be the owner of the elephant, has sought direction to the Delhi government to bring back Bijli Prasad and transfer him to Radha Krishan Temple’a management committee in Gujarat’s Jamnagar for his care and protection.
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”Consequently, the instant writ petition shall stand dismissed with liberty reserved to the petitioner to approach the concerned court for further directions as may be warranted,” the high court said.
The Delhi government was represented by advocate Arun Panwar in the matter.
Petitioner Gayur Ali, a resident of Ghaziabad, said he was the rightful owner of the elephant and alleged that Wildlife SOS Elephant Conservation and Care Centre, Agra-Mathura Road, was in illegal possession of Bijli in their private rescue centre since October 2020.
The plea said the petitioner had given the elephant to some other person in 2007-08 but had kept the ownership with himself, and he used to get regular updates about the animal’s wellbeing.
However, in April this year, the petitioner came to know that the elephant was in illegal possession of the NGO’s centre since 2020.
The plea said when the petitioner approached the NGO, he was informed that the elephant was not in a good condition and needed care and a proper centre to cater to his needs.
Later, he came to know that the Forest Department was informed about the elephant being out of control after which he was seized and an FIR was lodged against a person named Bhola who had ”illegal” possession of the animal at the time of seizure.
The petitioner claimed the NGO was denying his rights over the elephant and was not granting permission to transfer the animal to Jamnagar.