ABDUL WAHID Vs. STATE OF U P

JUDGEMENT

(1.) The writ-petitioner has come up with following prayers :

(2.) In a series of writ petitions, a larger question involved whether in view of the constitutional safeguard provided under Article 21 of the Constitution of India in regard to upkeep and maintenance of health of citizens and non-citizens whether the State Government should put seal of fitness/non-fitness for consumption on the flesh of such animals which may be slaughtered strictly under the provisions of the Act have been disposed of today in the light of the stand taken by the State Government that they had taken a decision to put such a seal.

(3.) In the counter-affidavit, it has been stated, inter alia that in terms of the bye-laws of the Town Area Swar, District Rampur a slaughter house is permitted to run and maintain only to make available meat to the town area only and no animal can be permitted for slaughtering for the purposes of transporting the meat outside the town area ; that the business of transportation of meat is regulated by Meat Food Product Order, 1973 as well as Prevention of Food Adulteration Act, 1955 and the rules framed thereunder, which cannot be by-passed by the petitioner ; that terms of the licence granted to the petitioner, as contained in Annexure-1 are conditional which had also expired on 31.3.1999 and, therefore, this writ petition has become infructuous ; that he is not holder of any licence for transporting flesh of bulls and bullocks as claimed by him for slaughtering them in a general way but only such bulls and bullocks who are over the age of 15 years and have become permanently unfit and unserviceable as envisaged under the provisions of the Act and Indicated in the counter-affidavit ; that a similar writ petition bearing C.M.W.P. No. 38469 of 1994 was dismissed vide order dated 1.8.1997 as contained In Annexure-CA-2 to the counter-affidavit ; that the petitioner has no legal right to slaughter any kind of animals on the basis of the restricted terms of the licence : that for making varied statements falsely on affidavit a proceeding in contempt be initiated against him ; and that the writ petition being devoid of merit is liable to be dismissed with cost.