MAKBULAHMMAD Vs. SHABAZAR MANDAL PANCHAYAT BANKAPUR

JUDGEMENT

(1.) These matters were heard at length on 15-6-1988 and the following was recorded after hearing the Counsel. "Petitioners are aggrieved by the order passed by the Zilla Parishad in their appeal against the resolution of the Mandal Panchayat. The cause for their grievance is that the Mandal Panchayat directed discontinuance of vending mutton and beef in the mutton stalls and also the slaughtering in the slaughter house as welI as by the direction that slaughtering and vending should take place in their respective houses. On appeal to the Zilla Parishad, the Zilla Parishad while approving the action of the Mandal Panchayat in deciding to shift the mutton stalls outside the town from the point of view of health etc., nevertheless modified the order to the disadvantage of the Appellants by preventing them to vend mutton even in their houses as it is unhealthy. The appellants therefore contend, they could not be made to be worse off than what they were before the appeal. In any event, the Mandal Panchayat has a statutory obligation to perform by providing mutton stalls as well as the slaughter house which is mandatory, therefore, the present writ petitions. Prima facie there is no dispute about the existence of the mutton stalls and the slaughter house at a place within the town. Now, merely because a group complained about the location it cannot be said that the Mandal Panchayat has to discontinue the mutton stalls even before alternate new mutton stalls and slaughter houses are constructed. The mandatory duty which the Mandal Panchayat has to perform providing mutton stalls and slaughter houses not being performed, the right to trade and right to live under Articles 19 and 21 is interfered with. Number of people depend upon mutton and beef for their staple food, they cannot be deprived of it either in regard to consumption or in regard to trade in the same. Therefore, the order of the Zilla Parishad calls for interference. Mr. Patil submitted that he will consult the Secretary of the Mandal Panchayat to find out whether the present place where the mutton stalls and slaughter house is provided may be continued as before till the new mutton stalls and slaughter house is provided out-side the town."

(2.) Apparently, the suggestion made by this Court is not acceptable to the Mandal Panchayat. Therefore, the following order is made. Under the provisions of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (hereinafter referred to as the Act), clause (vii) of sub sec. (1) of Sec. 56 of the Act provides for regulation of sale and preservation of meat, fish and other perishable articles of foods. Clause(x) of sub-sec. (1) of Sec. 56 of the Act provides for construction and maintenance of slaughter houses. Clause (xiv) of sub- sec (1) of Sec. 56 of the Act provides for regulating the curing, tanning and dyeing of skins and hides. The three specific provisions made are inter-related. Therefore, having regard to clause (xix) of subsec.(1) of Sec.56 of the Act pertaining to other matters relating to sanitation and health the Mandal Panchayat is bound to provide sufficient amenities for slaughtering houses and regulation of sale and preservation of meat, fish and other perishable articles of food within the Mandal area and also regulate the curing, tanning and dyeing of skins and hides etc.

(3.) In the instant case, the petitioners were licensed to slaughter and vend at particular places is not in dispute. Solely on account of the objections raised by some of the residents a decision was taken to remove the same from the existing place and take it outside the town. A resolution was passed permitting the meat vendors to slaughter in their respective houses and also vend the meat in their houses. That resolution of the Mandal Panchayat has been set aside by the Zilla Parishad correctly on the ground that it is injurious to the health of the residents if such permission is given to the slaughter of animals and vending of meat in the houses of the meat vendors, therefore, it has directed that the resolution of the Mandal Panchayat to the extent it permits slaughtering and vendirg Of meat in the houses of meat vendors be set aside.