BARODA CATTLE SUPPLIERS ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The members of the petitioner Association claim to be engaged in the; business of purchasing and exporting to Bombay useless bullocks aged above 16 years. They are aggrieved by the prohibition of export of use less bullocks above the age of 16 years out of Gujarat. When the petition was filed the ban was for one year hut during the pendency of the petition it has been extended by another two years.

(2.) According to the petitioners really there is no ban whatsoever on export of useless bullocks above the age of 16 years. Under sec. 4 of Bombay Essential Commodities and Cattle (Control) Act 1958 if the State Government is of opinion that it is necessary or expedient so to do for maintaining or increasing the supply or for securing the equitable distribution and availability at fair prices of any essential commodity or cattle it may by order provide (b) for regulating the maintenance movement supply and distribution of or trade and commerce in cattle. Under this provision which was in force before its amendment in 1983 the State Government had made as statutory order called. The Gujarat Milch and Draught Cattle (Control of Movement) Order 1983 which came into force on 6/08/1984 Clause 2(c) and (O define `draught cattle and milch cattle as under:

(3.) In the affidavit in reply it has been stated as follows: