LAWS(ALL)-1952-3-9

BUDDHU Vs. MUNICIPAL BOARD

Decided On March 18, 1952
BUDDHU Appellant
V/S
MUNICIPAL BOARD Respondents

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution directed against (1) the Municipal Board of Allahabad, (2) the Commissioner, Allahabad Division, and (3) the State of Uttar Pradesh, in which the relief prayed is that a writ of Mandamus or directions be issued or such other suitable orders be passed as the Court may deem fit to restrain the Municipal Board of Allahabad from enforcing its bye-laws published by Notification No. 4100/XXIII-82(3)-49 in the U. P. Gazette, dated the 31st March, 1951. The facts are as follows:

(2.) The applicant is a butcher and carries on the business of slaughtering cows, bulls and calves at Allahabad. Bye-laws to regulate the slaughter of animals have been in existence in this Municipality since 1916. On 31-3-1951, an amendment was made in these bye-laws according to which Clause (iii) of bye-law No. 1 was inserted to the following effect: "No bull, bullock, cow, calf (both male and female) shall be slaughtered in any slaughterhouse or in any other place." The applicant contends that this new bye-law is an infringement of his fundamental right conferred by Article 19 (1) (g) of the Constitution, that it is repugnant to Article 14 as it makes a distinction between those who slaughter goats and sheep and those who slaughter bull, bullock, cow and calf and that the Municipal Board had no authority under the U. P. Municipalities Act to frame such a bye-law.

(3.) The Commissioner of Allahabad has been impleaded because it was he who confirmed this bye-law and it was under his signature that it was published in the Gazette. The State of Uttar Pradesh has been impleaded presumably because it required the Municipal Board, Allahabad, in terms of Sub-section (1) of Section 298 of the U. P. Municipalities Act to frame such a bye-law.