MOHAMMAD YASEEN ALIAS CHIDDOO Vs. ZILA PARISHAD GONDA

JUDGEMENT

(1.) I. S. Mathur, J. The petitioner, who is Qureshi by caste and who carries on the business of slaughtering the animal etc. , is aggrieved by the failure of the opposite parties to renew his licence for slaughter of animals. The licence appears to have been not renewed in view of the provisions con tained in Bye-laws 1 (b) and Bye- law No. 6 of the bye-laws framed under Section 289 of the Zila Parishad and Kshetra Samiti Adhiniyam, 1961 (An-nexure-1 to the petition), hereinafter referred to as bye-laws. The petitioner claims a writ in the nature of certiorari quashing the aforesaid bye-laws. He also claims for a writ in the nature of mandamus directing the opposite parties to renew the petitioner's licence.

(2.) THE petitioner was granted licence for slaughtering animal. THE licence was renewed from time to time. THE last renewal was for the period ending on 31-7-1987. He applied for renewal the licence thereafter but the same has not been done. According to the petitioner, the opposite parties have not renewed the licence in view of the bye-laws l (%\ and 6 of the afore said bye-laws. During arguments, learned counsel for the petitioner submitted that the petitioner challenges clause (g) of Bye-law No. 6 and clause (g-) of bye-laws only and the challenge is only to the extent to the said bye-laws prohibit slaughter of bulls and bullocks, baffaloes and she baffaloes. THE said bye-laws as amended by notification dated 28-4-1989 read as under : According to the petitioner, he has a fundamental right to carry on the business of slaughtering of bulls and bullocks, buffaloes and she buffaloes and this cannot be absolutely prohibited as has been done by Bye-laws and 6 (g ). It is alleged that these provisions are violative of Article 19 (l) (g) of the Constitution of India. It is further alleged that this bye-law is against the provisions of U. P. Prevention of Cow Slaughter Act also and that the discretion given under the said bye-laws is arbitrary.

(3.) IT is also evident from the decision of Hon'ble Supreme Court in M. H. Quareshi case that the trade or business of slaughtering of bulls, bullocks, buffaloes and she buffaloes is a fundamental right. Accordingly, any law or bye-law made by any authority completing prohibiting this right will be violative of Article 19 of the Constitution of India.