JAGAT DHARI Vs. ZILA PARISHAD PRATAPGARH

JUDGEMENT

(1.) BY this petition under Art. 226 of the Constitution, the petitioners Jagatdhari and Bisale, residents of rural areas lying within the jurisdiction of Zila Parishad Pratabgarh, seek to challenge the validity of certain bye-laws framed by the Zila Parishad, in purported exercise of its powers under Section 239 (2) E (a) (i), (ii) of the U. P. Kshetra Samiti and Zila Parishad Act and published in the U. P. Gazette dated 13- 11-1971.

(2.) THE two petitioners are Chamars by caste. They claim that since time immemorial they and their ancestors have been carrying on the business in bones which is the only source of their livelihood. According to them, if any animal died in a rural area, information was sent to one of the Chamars, like the two petitioners who took the dead body of the animal free of cost. The Chamar concerned disposed of the dead body after skinning it and taking out its bones and horns which they stored at places far away from the village habitation. In due course, the bones and hides so collected were sold to various dealers. Previously the Zila Parishad Pratabgarh granted licence to every one who carried on this type of work on payment of Rs. 5 as licence fee. However, by the notification published in the U. P. Gazette dated 13-11-1971, the Zila Parishad amended its bye-laws. The new bye-laws provide that the right to collect bones and hides etc. in rural areas shall be auctioned and the highest bidder alone, to the exclusion of all others, will have the right to collect bones, hides etc.

(3.) RELEVANT portion of Section 239 of the Kshetra Samiti and Zila Parishad Act runs thus :-