Jalil vs State of U.P. and Others

Ashok Bhushan, J.—Heard learned Counsel for the petitioner, Sri S.K. Srivastava has put in appearance on behalf of respondents Nos. 3 and 4 as well as learned Standing Counsel for respondents Nos. 1,2 and 5.

Supplementary affidavit filed by the petitioner and short counter affidavit filed by Sri S.K. Srivastava, learned Counsel for the respondents Nos. 3 and 4 are taken on record.

With the consent of the learned Counsel for the parties the petition is being heard and finally disposed of.

By this writ petition, the petitioner has prayed that a writ or direction in the nature of mandamus commanding respondent Nos. 3 and 4 comply the order of District Magistrate Jaunpur dated 12.07.2010 and issue the new licence to the petitioner and butcher community (kasai) of Mohalla Kaziyana Kasav Qasba Mariyahun District Jaunpur for slaughtering the buffaloes and she buffaloes and sealing meat within the specific period fixed by the Court.

The petitioner''s case in the writ petition is that the petitioner is a member belonging to the butcher community engaged in slaughtering of the animals and selling the meat in the year 1997 licence was issued to the petitioner and other members of the butcher community. Learned Counsel for the petitioner has referred to Writ Petition No. 24533 of 1998 Raja Ram and Ors. v. State of U.P. and Ors. which was filed in this Court and was disposed of by the Division Bench of this Court vide order dated 07.09.2000 and a direction was issued for stopping the slaughter of the animals in the place where it was running and Nagar Panchayat was directed to search out the suitable place for slaughter house. The following directions were issued by this Court in paragraphs 21 and 22 of the judgment :

(21) It is unbelievable that the Nagar Panchayat has no land to which the slaughter house can be shifted. At least shifting of the Bone Godown shows the availability of such a land.

(22) For the reasons aforementioned, we quash the impugned order and restrain Respondent Nos. 7 to 14 from slaughtering any cattle in the slaughter house and command the District Magistrate, Jaunpur to close it at once without any hitch and murmur. If Respondent Nos. 7 to 14 so like they may continue slaughtering in their locality though subject to health safeguards of others. Respondent Nos. 2 and 3 are also directed to search out a suitable slaughter place expeditiously latest within three months where Respondent Nos. 7 to 14 may carry their trade in accordance with law.

The SLP was also filed against the Division Bench judgment of this Court, which was disposed of and the direction was issued to the District Magistrate for taking appropriate steps of construction of necessary slaughter house. The matter remained pending for consideration and another Writ Petition No. 63398 of 2006 was filed by one Iqbal and Ors. v. State of U.P. and Ors. which was disposed of by this Court vide order dated 03.03.2009 directing the District Magistrate, Jaunpur to consider the grievance of the petitioners within three months. In pursuance of the order of this Court ultimately the District Magistrate passed the order on 12.07.2010 Annexure No. 8 to the writ petition. The said order observed that in Plot No. 207 the slaughter house has been constructed and the rasta to the said slaughter house has also been constructed and there is no problem for going to slaughter house and direction was also issued to the Adhykash Nagar Panchayat for issuing the licence. The petitioner has come up in this writ petition with the prayer noted aforesaid stating that in spite of the said order no appropriate action has been taken nor any licence has been granted by the respondents. The application for issuing the licence, which was earlier submitted was rejected as incomplete.

Short counter affidavit has been filed by Nagar Panchayat in which it has been stated that in compliance of the order passed by the District Magistrate on 12.07.2010 a Board meeting was called and proposal regarding licence for slaughtering and selling the meat has been passed. On 26.07.2010 it has also been decided by the respondents that Plot No. 208/02 area 0.016 hectare, which is the property of Nagar Panchayat and also adjacent to the slaughter house has been fixed for selling the meat of buffaloes and she-buffaloes.

We have heard learned Counsel for the parties and have perused the record.

From the facts noted above, it is clear that in spite of the several directions issued by this Court neither appropriate steps for running the slaughter house nor any appropriate place for selling the meat has been done by the respondents. The Nagar Panchayat however in its short counter affidavit and through the submission made by the learned Counsel for the petitioner stated that the entire exercise for running the slaughter house and providing place for selling the meat on the adjacent Plot No. 208/02 shall be completed within two weeks including granting necessary licence/provisional licence.

Considering the stands taken by the parties, we are of view that the petition deserves to be disposed of with the following directions :

(i) Respondents Nos. 2 and 3 shall consider all the applications, which have been received by it and provide appropriate licence/provisional licence to the petitioner and other members of the community for slaughtering of the animals in the slaughter house and selling the meat on appropriate place as provided by Nagar Panchayat. The petitioner may file fresh application within one week.

(ii) The appropriate place for selling the meat, which is to be covered by shed shall be allocated by the Nagar Panchayat to respective licence holders so that they may carry on their business of selling the meat at the allotted place. This exercise shall be completed within two weeks from today.

With the above observations, the writ petition is finally disposed of.