CHEF FOREST CONSERVATOR WILD LIFE Vs. NISAR KHAN

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 27th August, 1993 passed by a Division Bench of the Allahabad High Court in Civil Misc. Writ No. 36693 of 1991 whereby and whereunder a writ petition filed by the respondent herein, inter alia, for issuance of a writ in the nature of mandamus directing the appellants herein to grant a licence for carrying on business as a dealer in birds which are bred in captivity, was allowed.

(2.) Before the High Court, the contention of the respondent was that he had been dealing in birds of several varieties specified in the Schedule IV appended to the Wild Life (Protection) Act, 1972 (hereinafter called "the Act"); wherefor he had applied for and had been granted a licence which was valid up to 31st December, 1990. For renewal of the said licence for the year 1991, he filed an application but the same had not been granted. According to the respondent, he had mainly been dealing in Munias, Parakeets, Mainas and Buntings, which are found in abundance in the State of Uttar Pradesh and as such no prohibition can be imposed on his business in captive birds by the appellants in terms of the provisions of the Act or otherwise.

(3.) The contention of the appellants herein, on the other hands, is that having regard to the amendment made in S.9 of the Act as the term hunting includes trapping of birds as specified in Schedule IV appended to the Act, no licence for dealing in them can be lawfully granted. It was further contended that the appellants served a notice on or about 4th December, 1991 directing the respondent to dispose of all the birds in his possession before 31st December, 1991.