MOHD. FAROOQ AND OTHERS vs STATE OF UTTARAKHAND AND OTHERS

Sudhanshu Dhulia, J

The petitioners before this Court are butchers by profession, who are engaged in selling buffalo meat. The business was being carried out in a

particular building in Dehradun known as “Inamullah Buildingâ€. All of them were evicted from the said building and another place was assigned to

them, at “Kargi Grantâ€, Dehradun, but due to local agitation the petitioners were not able to carry their business at the said place. Aggrieved, the

petitioners have filed the present writ petition.Â

Counter affidavits have been filed on behalf of the respondents. The stand of the Municipal Corporation is that the Municipal Corporation has

already granted place to the petitioners but due to local agitation, they have not been able to carry the business.Â

Since the petitioners were carrying on business at particular place for last many years, writ petition stands disposed with the directions to the

petitioners to make a representation before the Secretary, Urban Development, Government of Uttarakhand, who shall look into the grievance of the

petitioners and after consultation and given opportunity of hearing to all the stake holders shall consider providing a place to the petitioners where they

can carry on the business. It is made clear that there is no adjudication of this matter on the merits of the case. This Court was only concerned with

the fact that previously the petitioners were carrying on this business and they have been forced to shift their location to another place, where again

due to situation which was beyond their control, they are not able to carry on their business. It is further made clear that the State Government would

always be at liberty to device a mechanism so that the business be carried on in scientific manner, under the Rules including the Food Safety Standard

Act. Â