JUDGMENT :

The present writ petition has been filed for quashing the public notice as contained in Letter No. 638/Swa. dated 01.10.2018 (Annexure-7 to the writ petition) issued under the signature of the Municipal Commissioner, Ranchi Municipal Corporation (RMC), Ranchi [the respondent No.4] whereby all the mutton sellers carrying on their business within the municipal area of RMC have been directed to ensure slaughtering of animals (goat/sheep) for supply of mutton only at the Municipal Slaughter House situated at Kanke, Ranchi w.e.f. 18.10.2018 or to ensure getting hygienic mutton from five model mutton shops established by the RMC at fixed places specified in the said public notice and any mutton seller acting in contravention of the said public notice would be liable to be prosecuted in terms with Section 310(3) of the Jharkhand Municipal Act, 2011 (hereinafter referred to as ‘the Act, 2011’) as well as such unhygienic meat would be destroyed by forfeiting the same under Section 467 of the Act, 2011.

2. The factual background of the case as stated in the writ petition is that the members of the petitioner No.1 are engaged in the business of selling goat/sheep meat after obtaining registration certificate from the Food Safety and Standards Authority of India (FSSAI) and the Department of Health, Medical Education and Family Welfare, Government of Jharkhand as well as taking licences from the RMC.

3. The Principal Secretary, Department of Home, Prison & Disaster Management, Government of Jharkhand issued letter dated 27.03.2017 addressed to all the Deputy Commissioners, Superintendents of Police, Municipal Bodies/Notified Area Committees of all the districts of Jharkhand to ensure closure of illegal slaughter houses/Abattoirs and thereafter notices were issued to all the licensees of the mutton shops within the State of Jharkhand for closing their respective shops. Accordingly, all the members of the petitioner No.1 closed their shops. Subsequently, the Principal Secretary, Urban Development and Housing Department, Government of Jharkhand issued a letter on 28.07.2017 directing the Deputy Commissioners of all the districts of Jharkhand to issue licences/No Objection Certificates for slaughter houses/meat sellers under the provisions of Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 (hereinafter referred to as ‘the Regulations, 2011’) as per the guidelines issued vide Departmental Notification No. 170(16) dated 23.11.2015 by the Department of Health, Medical Education and Family Welfare, Government of Jharkhand.

4. Subsequently, a Single Window System was established through the ‘Pragya Kendra’ and the mutton shopkeepers and owners of slaughter houses were directed to register their shops by way of online application. A public notice/press release was also issued in different newspapers and through other modes directing the mutton shopkeepers and owners of slaughter houses for registration of their respective shops, if they were slaughtering goat, sheep and pig up to maximum of 10 in numbers as well as poultry birds up to maximum of 50 in numbers.

5. Thereafter, the members of the petitioner No.1 including the petitioner No.2 got Registration Certificates of their shops issued by the Food Safety Administration, Department of Health, Government of Jharkhand under Food Safety and Standards Act, 2006 (hereinafter referred to as ‘the Act, 2006’) as well as Clause 2.1.1(5) of the Regulations, 2011 and started carrying on their business/trade of slaughter/sale of mutton in their respective shops. However, the respondent No.4 issued a public notice dated 01.10.2018 directing all the mutton sellers to stop slaughtering of animals for sale of mutton in their respective shops and to sell the mutton only after getting their animals slaughtered in the Municipal Slaughter House established by RMC at Kanke, Ranchi or to ensure getting hygienic mutton from five model mutton shops established by the RM