The judgment established that the prohibition of the sale of eggs within the municipal limits was a reasonable restriction permissible under the U.P. Municipalities Act, 1916, in the interest of the welfare of the people.

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 "eggs", prohibiting their sale within the municipal limits was not valid as "eggs" are 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 a 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 organisations 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 provisions of the Act. It is also pointed out that the transportation of "eggs" through the municipal limits of Rishikesh is not prohibited in any way. A businessman, who wants to take "eggs" through Rishikesh, is not prohibited and he may carry on his trade outside the municipal limits of Rishikesh. The relevant bye-law prior to amendment was:

"No person shall sell or expose for sale or cook or carry in a manner C exposed to public gaze any kind of meat or fish in any public place, thoroughfare, streets, lodging houses, hotels, dhabas, restaurants, dharamshalas, kshetras and shops situated within the limits of the Municipal Board,"

The amended bye-law reads:

"No person shall sell or expose for sale or cook or carry in a manner exposed to public gaze any kind of meat, fish or eggs in any public place, thoroughfare, streets, lodging houses, hotels, dhabas, restaurants, dharamshalas, kshetras and shops situated within the limits of the Municipal Board."

3. As is evident, in amended bye-law only "eggs" is added. There was already prohibition in regard to any kind of meat or fish. The High Court has noticed that under the bye-laws before amendment prohibition of sale of meat and fish, which was existing for a long time, was not challenged.

4. In the light of the rival contentions urged on behalf of the parties the question that arises for consideration is whether the Municipal Board could frame bye-laws prohibiting the sale of "eggs" within its municipal limits, when the word "eggs" is not covered by Section 298(2) List I Heading F of the Act.

5. Learned counsel for the appellants urged that total prohibition on sale of eggs in the municipal limits of Rishikesh is unreasonable and seriously affects rights of the appellants to carry on trade under Article 19(1)(g) of the Constitution; under Section 298 of the Act the respondent Board could not 9 frame bye-law in relation to "eggs" looking to Section 298(2) List I Heading F and Section 241 of the Act; eggs cannot be read as included in "meat" or "fish" since the eggs, which are being sold by the appellants, do not hatch and give birth to chicks and even otherwise if the respondent Board in the interest of promoting or maintaining the health, safety of the public can make bye-law, then the total prohibition would be unreasonable and arbitrary although the Board can take steps as it may deem necessary to regulate the sale of eggs.

6. Challenge made on behalf of the appellants was met by learned counsel on behalf of the respondents by contending that Section 241 of the Act deals with the requirement of obtaining a licence to use any place as market or shop for sale of animals, meat or fish intended for human food, or as a market for the sale of fruits or vegetables and such right shall be subject to the bye-la