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RAJESH SHANKAR
Jharkhand Quraish Panchayat and Shopkeeper Welfare Society – Appellant
Versus
State of Jharkhand – Respondent
Headnote: Read headnote
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 tha
The Act's provisions allowing regulated slaughter do not violate Article 48, thus aligning with constitutional mandates for animal preservation.
The main legal point established is the requirement of compliance with time limits for analysis report and recommendation for prosecution, and the need for a separate license for a milk chilling cent....
The increased licensing fee imposed for cattle export is deemed a tax rather than a regulatory fee, making it ultra vires the powers granted under the Act.
Authorities lack jurisdiction under the Assam Cattle Preservation Act to seal premises during an investigation for illegal sales, rendering such actions unlawful.
Provisions governing vehicle seizure under the Chhattisgarh Agriculture Cattle Preservation Act do not infringe fundamental rights and are valid as reasonable regulations for public interest.
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