ABDUL MAJID Vs. MUNICIPAL COUNCIL, BEAWAR AND OTHERS

JUDGEMENT

(1.) The petitioner is a resident of Beawar town District Ajmer. He claims that his livelihood is exclusively based on the earnings from buffalo meat shops, like other persons who are engaged in this business. The Municipal Council, Beawar, at one point of time, was adamant in not granting licencees to sell buffalo meat at the shops in Beawar, as such, the petitioner and other persons who are engaged in the business buffalo meat, filed writ petitions. The number of the writ petition filed by the petitioner was D.B. Civil Writ Petition No. 501/87. The said writ petition was allowed by this Court on Jan. 21, 1989 vide judgment Annex.-1. In the said judgment, this Court directed the respondents including the Municipal Council, Beawar, to issue licence to the petitioner and other similarly circumstanced persons for butchering and selling of buffalo meat. It was further directed that the respondents shall approve suitable situation of shops on reasonable terms and conditions where the petitioners may sell the buffalo meat.

(2.) In the present writ petition, the petitioner has prayed to issue a writ of mandamous or any other writ, order or direction directing the non-petitioner to construct and maintain a slaughter house for slaughtering buffaloes at Beawar or to specify any other place separate from the slaughter house at Chhawni road, which is a slaughter house of goats and sheep.

(3.) The petitioner's case further is that after the aforesaid judgment of this Court, the respondent-Municipal Council, Beawar has issued licences and a letter dated May 26, 1989 (Annex.-3) mentioning therein that till another place is specified for slaughtering buffaloes, holder of licences No. 123 to 131, including the petitioner, can sell the buffalo meat at slaughter house constructed by the Municipal Council at Chhawni Road, outside Railway crossing and it was further directed that the licencees shall not slaughter the animals at any other place. According to the petitioner the slaughter house at Chhawni Road is a slaughter house for goats and sheep and the petitioner and other licencees, dealing in buffalo meat, are not allowed to slaughter buffaloes in the aforesaid slaughter house on the ground that in case the buffaloes are slaughtered there, customers of goat-sheep meat shall refuse to purchase the meat from their shops under the suspicion of buffaloes meat being mixed in it. According to the petitioner, the said slaughter house is a small one and does not fulfill the need of slaughtering for animals like buffaloes.