MOHD. SAGIR AHMAD Vs. COMMISSIONER (MCD) AND ORS.

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for quashing of the order dated 19.8.2011 passed by respondent No. 3/ Director (Veterinary Services), MCD in an appeal against a letter of revocation dated 14.5.2011 issued by the respondent No. 2/Veterinary Officer, Shahdara (South) Zone, MCD, revoking the meat shop licence granted to the petitioner at Shop No. 62/A, Gali School Wali, Khureji Khas, Delhi, on account of violation of the meat shop licensing policy and terms and conditions of the licensing rules under Section 417 read with Section 430 of the DMC Act, 1957 (in short 'the Act') and written permission under Section 416 read with Section 430 of the Act. The brief facts of the case are that the petitioner was granted a municipal trade licence on 25.1.2008 for sale of meat at the aforesaid shop by the respondent/ MCD. The said licence was renewed from time-to-time, for the last time on 4.1.2011. On 18.1.2011, an FIR was lodged against the petitioner and five other persons for slaughtering cows for their meat, which is prohibited in Delhi under the Delhi Agricultural Cattle Preservation Act, 1994. The petitioner was arrested on 9.3.2011 and remained in custody till 24.6.2011, the date on which he was granted interim bail. During this time, as per the petitioner, his wife had let out the aforesaid shop to one Shri Munna, who was running the trade of sale of meat from the said shop. On 1.4.2011, on an inspection carried out by the Veterinary Officer of the Zone, it was found that the occupant/tenant of the shop was selling unstamped meat, as a result of which, notice dated 1.4.2011 was issued to the petitioner to show cause as to why the licence granted for the meat shop should not be revoked on account of the fact that the grantee was regularly involved in sale of illegally slaughtered animals' meat.

(2.) Though it is the contention of the Counsel for the petitioner that in the absence of the petitioner, the aforesaid notice was received by his wife and was duly replied to by her, however no copy of the said reply has been placed on record. However, a reply dated 8.4.2011 submitted by Sh. Munna, the tenant has been placed on record as Annexure P-8, in which he has asserted that he was selling only legally slaughtered animals' meat after purchasing the same from legal meat shops in the wholesale market at Gazipur, Delhi. However, no proof of purchase in this regard was submitted along with the reply to the notice to show cause. After considering the reply filed to the notice to show cause and finding the same to be unsatisfactory, and further, finding that on previous occasions also the petitioner was found to be involved in sale of illegally slaughtered meat, the trade licence granted in his favour was revoked by the Veterinary Officer, Shahdara on 14.5.2011 by issuing a letter in that regard (Annexure P-9). Subsequently, on 11.7.2011, the aforesaid meat shop was also sealed. Aggrieved by the aforesaid revocation order, the petitioner preferred an appeal before the Director (Veterinary Services), MCD which has been dismissed by the impugned order dated 19.8.2011, dispatched by speed post to the petitioner on 5.9.2011.

(3.) Counsel for the petitioner states that the impugned order is liable to be set aside as respondent No. 3 /Director (Veterinary Services), MCD did not consider the submission made on behalf of the petitioner that a show cause notice having been issued in the name of the petitioner as a grantee of the licence, the same could not have been revoked on the basis of a reply submitted by the tenant and that the reply of the petitioner alone could have been considered by respondent No. 3 for deciding the issue of revocation.