AJIT JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been filed by the Petitioner seeking for the following relief(s):

(2.) According to the learned Counsel for the Petitioner, the Respondent No.6 has been running a poultry business from his shop which is owned by Respondent No.6 at Juni Hatri. The grievance of the Petitioner was to the unhygienic conditions prevailing at the shop and the foul smell which is emanated from the said shop as a result of sale of dressed and undressed chicken by Respondent No.6.

(3.) Brief background of the case which would be relevant for the disposal of the case is the fact that Respondent No.6 had earlier filed a writ petition before this Court vide WPC No. 2157/2007 where they had questioned the rejection of the application for grant of licence to sell dressed and undressed chicken for the year 2006-07. The contention of Respondent No.6 was that they were operating the business of selling of dressed and undressed chicken from the said shop since about 40 years. The said writ petition finally stood allowed vide order dated 11.3.2008. It would be relevant to refer to certain findings of the writ Court in the said order, which read as follows: