ABDULSATTAR YUSUFBHAI QURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Gujarat High Court dismissing the writ petition filed by the appellants. Appellants are engaged in the business of slaughter and selling of meat of bulls, bullocks and other animals. In the writ petition, they challenged the validity of Notification dated 11.12.1989 published in Government Gazette dated 13.12.1989 by the State of Gujarat. The Notification was purported to have been issued in exercise of its powers conferred under clause (b) of sub section (1) and clause (g) of sub-section (2) of Section 4 and clause (a) of sub section (1) of Section 5 of the Gujarat Essential Commodities and Cattle (Control) Act, 1958 (in short the 'Act of 1958') as applicable to the State of Gujarat.

(2.) The High Court dismissed the writ petition on the ground that reasonable restriction was imposed for drastically reducing the trade of slaughter of bulls and bullocks.

(3.) Learned counsel for the appellants submitted that the Notification was beyond the powers of the State government and affected the fundamental rights of the appellants of carrying on their business of slaughter and selling of meat of bulls and bullocks and other animals and also affected their right to life.