MOHD. MUSTAFA Vs. UNION OF INDIA THRU.

JUDGEMENT

(1.) This bunch of writ petitions raises a challenge to State Action in respect of shutting down of abattoirs and slaughter houses throughout the State, which in the opinion of the State Government were running unlawfully without complying with the provisions of the Prevention of Cruelty to Animals Act, 1960 read with the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, the provisions of the Food Safety and Standards Act, 2006 and the Rules, Regulations and orders relating thereto, the directions issued by the Hon'ble Apex Court in the case of Laxmi Narain Modi v. Union of India and Ors. - Writ Petition (C) No.309 of 2003 and the orders passed finally in Writ Petition (C) No.330 of 2001 (Common Cause v. Union of India and Ors.) on 17.02.2017 and the directions issued by the National Green Tribunal (N.G.T.).

(2.) The State Government under the exercise of its executive powers issued a Government Order on 22nd of March, 2017 containing directions to all administrative and police authorities as well as the local bodies concerned, as a consequence whereof several slaughter houses throughout the State which according to the State were running unlawfully and were either unregistered or unlicensed were shut down and sealed. The same resulted in directly affecting those who were involved in the trade and profession of slaughtering as well as selling meat. The present bunch of writ petitions have arisen on account of the contingency aforesaid where various reliefs have been claimed; primarily to renew such licenses that were existing prior to the issuance of the Government Order by the respective local bodies and local self-government in the State, and for a further mandamus restraining the respondents not to interfere or create any hindrance in their trade and profession of either slaughtering or selling meat. Most of the writ petitions are by meat shop owners who are either engaged in the selling of buffalo meat or such bovines and others are venders of goat meat and poultry. Since, the writ petitions relating to the said relief are in majority, we would like to further mention that Writ Petition No.8293(M/B) of 2017 - Mohd. Mustafa and 2 Ors. v. State of U.P. and Ors., has another prayer; praying for a mandamus to the Union of India and the Food Safety and Standards Authority to amend the IVth Schedule of the Food Safety and Standards Licensing and Registration of Food Business Regulations, 2011 with a further relief to construct requisite number of slaughter houses for facilitating the production and sale of meat and chicken throughout the State in rural and urban areas. The said writ petition impleads some of the Local Bodies in the State, the District Administration, the Union of India and the other authorities of the State.

(3.) There is one writ petition which has been filed with a slightly different relief framed as a Public Interest Litigation (P.I.L.) praying for quashing of the minutes of the meeting of the Committee chaired by the Chief Secretary of the State dated 27th30th of March, 2017 being Writ Petition No.10163 (P.I.L. Civil) of 2017 - Ramjan Ali v. State of U.P. and Ors.