Shanu And Others vs Nagar Palika Parishad, Ramnagar

Pankaj Purohit, J

Petitioners have approached this Court on the premise that petitioners earlier had license for retail meat shops of she-he buffalo issued by the designated officer under Section 31 of the Food Safety and Standard Act, 2006. Petitioners were carrying the business of selling meat at the specified place, where shops were allotted to them by respondent-Nagar Palika Parishad, Ramnagar. The allotment of shops to the petitioners on the specified place has come to an end and the shops are therefore closed by respondent. Now, petitioners want to sell meat within the municipal limit of respondent, for which, there is a requirement of No Objection Certificate (NOC) from respondent-Nagar Palika Parishad.

Petitioners applied for the NOC to respondent by moving applications dated 16.04.2026 (Annexure No.1) to respondent, but the same has yet not been decided by respondent.

Learned counsel for respondent-Nagar Palika Parishad passed on to this Court By-laws of respondent-Nagar Palika Parishad, Ramnagar (Nainital) and placed reliance on By-laws 3 of the respondent-Nagar Palika Parishad, Ramnagar, which is extracted as under:-

Learned counsel for respondent on instruction submits that the sale of meat of she-he buffalo can be done only in the specified place as given in the by-laws No.3 as quoted hereinabove.

This Court is of the view that here it is not a question as to whether the meat is to be sold at a specified place or somewhere else, but the question is as to whether NOC can be issued to petitioners or not, for which they had applied on 16.04.2026.

In such view of the matter, the present writ petition is disposed of. Respondent-Nagar Palika Parishad, Ramnagar, shall take decision on the applications dated 16.04.2026 moved by petitioners (Annexure No.1 to the writ petition) within 15 days from today, strictly in accordance with law.

Let a certified copy of this order be supplied to learned counsel for the parties today itself, as per Rules.