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2004 Supreme(SC) 286

D.M.DHARMADHIKARI, SHIVARAJ V.PATIL
Om Prakash – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

Shivaraj V. Patil, J.-The appellants and two other persons filed a writ petition in the High Court challenging the Gazette Notifications prohibiting the sale of eggs within the municipal limits of Rishikesh on the ground that notifications issued imposed unreasonable restrictions affecting their rights under Article 19(1)(g) of the Constitution, as they prohibited the sale of eggs within the municipal limits; the amended bye-laws including the eggs prohibiting their sales within the municipal limits was not valid as eggs is not covered by Section 298(2) List I heading F of the U.P. Municipalities Act, 1916 (for short the Act ).

2. Admitted facts, as noticed by the High Court, are that District Rishikesh is by and large a place where many temples exist. In the counter affidavit filed by the respondents before the High Court it is stated that several citizens, societies and organizations made representations to the Municipal Board, Rishikesh requesting it to impose restrictions on the sale of eggs also in public places. Having regard to the said demand of citizens the municipality issued notification in question after getting the approval of the Government as per the pr







































































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