JHATKA UNION Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed by the Jhatka Union Amritsar through its President Gurdip Singh, but it will be treated to have been filed by Gurdip Singh only, as the union is not a registered body under any of the Statute.

(2.) The petitioner, Gurdip Singh, is a licence-holder for the purchase and sale of tail (animals) within the notified area of slaughter house, Amritsar. The Municipal Committee, respondent No. 2, but now Municipal Corporation under the Punjab Municipal Corporation Act, 1976 (hereinafter referred to as the Act) which came into force on 21st December, 1976, was charging 25 naia paisa per tail on 1955-56, 50 naia paisa in the year 1965-66 which was raised to Rs. 1/- in the year 1970-71 and then to Rs. 2/- per tail in the year 1976 with effect from 21st February, 1976. A representation on behalf of the Jhatka Union through Gurdip Singh petitioner was made to the Municipal Corporation, Amritsar, that the increase of fee from Re. 1/- to Rs. 2/- per tail is very excessive and is not commensurate with the cost incurred for the maintenance of the slaughter house, and as such the same may be reduced to paisa 75 per tail. On this representation, the Municipal Corporation of Amritsar, passed a resolution on 18th May, Annexure ''P-2'' with the writ petition to the following effect :-

(3.) The main ground taken by the petitioner is that the State Government had no power to annual or modify the resolution passed by the Municipal Corporation, Amritsar, Annexure P-2 referred to above. In the return filed on behalf of the Punjab State, respondent No. 1, in para 2, it has been stated :-