DARSHAN KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Five petitioners, Darshan Kumar, Vijai Kumar, Om Prakash, Vijai Kumar son of Narain Das and Pradeep Kumar have filed this petition under Article 226 of the Constitution of India challenging the Gazette Notifications dated 25-1-86 and 23-8-86 (Annexures 1 and 2 respectively), prohibiting the sale of eggs within the municipal limit of Rishikesh.

(2.) When the writ petition was admitted on 711-86, an interim order was also passed restraining the respondents from interfering with the petitioners' fight to do business of sale of eggs within the limits of Municipal Board, Rishikesh. A detailed counter affidavit along with an application to vacate the stay order was filed as early as on 13-2-87. But the case could not come up for one reason or the other and it has been listed for final hearing now. Rejoinder affidavit has also been filed.

(3.) Sri H. S. Nigam assisted by Sri S. S. Nigam has been heard at considerable length in support of this petition. Sri Bhartji Agarwal assisted by Sri Surendra Kumar Posti has also been heard at length in reply.