A. N. GROVER, G. K. MITTER, J. C. SHAH, M. HIDAYATULLAH, V. RAMASWAMI
Mohammed Faruk – Appellant
Versus
State Of M. P. – Respondent
Judgment
SHAH, J. :- The petitioner Mohd. Faruk who carries on the vocation of slaughtering bulls and bullocks at the Madar Tekdi Slaughter-House at Jabalpur claims a declaration that the notification dated January 12, 1967 issued by the Governor of Madhya Pradesh in exercise of the powers conferred under sub-section (3) of Section 430 of the Madhya Pradesh Municipal Corporation Act 23 of the 1956 "cancelling confirmation of the bye-laws" made by the Jabalpur Municipal Committee for inspection and regulation of slaughter-houses "in so far as the bye-laws relate to slaughter of bulls and bullocks" infringes the fundamental freedoms guaranteed under Article 14 and 19 of the Constitution.
2. Section 5 (37) of the Madhya Pradesh Municipal Corporation Act 23 of 1956 defines "municipal slaughter-house". By Section 66 (m) it is made obligatory upon the Corporation to make adequate provision for the construction, maintenance and regulation of a slaughter-house. By sub-section (1) of Section 257 of the Act the Corporation may and when required by the Government shall fix places for the slaughter of animals for sale, and may with the like approval grant and withdraw licences for the use of suc
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