KESHAW NARAYAN BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application the petitioner seeks a declaration that Jharkhand Cattle Licensing Regulation 2001 (in short Regulation 2001) is ultra vires and against the law and further for a direction restraining the respondents from enforcing the said Regulation which has not legally name into existence.

(2.) THE reason for framing the said Regulation arose only after the problem arises in the town regarding removal of Khatals which were illegally running by the Khatal owners on the Government land. Several Public Interest Litigations were filed. The Division Bench of this Court in those Public Interest Litigations, time to time directed the Administration to file affidavits remove Khatals and came out with some scheme and regulation with the sole object, not to allow Khatal owners to carry on business in the heart of the town by making encroachment on the Government land. The Division Bench also issued directions upon the respondent, State to frame regulation in order to regulate the business of sale and purchase of milk. The respondent -State came with a regulation which was elaborately dealt with by the Court in the order dated 29.6.2001, passed in CWJC No. 1449/1998 (R) and other analogous cases. This Court also constituted a Committee to find the ways and means for the purpose of rehabilitation of Khatal owners after their removal from the Government land, illegally encroached by them. The writ application was disposed of with certain directions to the State Government and also the Committee to finalise the Regulation.

(3.) HAVING regard to the averments made in the counter -affidavit that the said regulation has not been finally approved in accordance with law and the same has not been given effect to the question of declaring it ultra vires does not arise. If the Government comes with a final regulation, in accordance with law, petitioner will be at liberty to challenge the same in accordance with law. However, it is made clear that the respondent -State and its authorities are, in the meantime, bound to follow the directions time to time issued by this Court. The authorities are not debarred to follow the provisions of the Patna Municipal Corporation Act and any other Act which are applicable for the time being enforced.