PRISHA OVERSEAS ENTERPRISE PRIVATE LIMITED THROUGH DIRECTOR PRASHANT ARVINDBHAI SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioners seek the following substantive reliefs:-

(2.) This petition arises in the backdrop of the following facts:-

(3.) In response to the petition, an affidavit-in-reply dated 22nd January, 2019, has been filed on behalf of the respondents No.6 and 7, wherein it has been averred that the notification dated 14.12.2018 has been issued by the Agriculture, Farmers' Welfare and Cooperation Department under the Gujarat Essential Commodities and Cattle (Control) Act, 2005 in view of the powers conferred by clause (b) of sub-section (1) of section 4 of that Act, whereby the movement of cattle into any drought affected area from outside has been prohibited. It is further stated that the communication having the same date has been made by the Director of Animal Husbandry, Gujarat State, to the Commissioner of Customs, whereby it was brought to his attention that the Government of Gujarat has withdrawn the services provided for health checkup of live animals with immediate effect as the said exercise cannot be carried out in consonance with the norms prescribed as per the communications made by the Department of Animal Husbandry, Dairying, Fisheries, Ministry of Agriculture and Farmers' Welfare dated 10.9.2018 and 4.10.2018 as well as the communication of the Animal Welfare Board of India dated 1.10.2018, highlighting such conditions which are required to be followed as a precedent. It is further stated that a communication has been addressed by the Under Secretary, Home Department to the Superintendent of Police, Kutch (West), Gandhidham whereby it was requested that it may be ensured by the Superintendent that the rules and norms are properly followed and for that purpose check post must also be created and the said check post must ensure that all documents and other requirements for the purpose of any movement of animals is in place.