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1985 Supreme(P&H) 650

M.M.PUNCHHI
Bal Kishan Khanna – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. Does the death of an animal cause ownership of its carcass vesting in the Municipal Committee, is the significant question which has cropped up in these two writ petitions C. W. P. Nos. 4572 and 5300 of 1985.

2. Six petitioners in one case and seventy-eight in the other are residents of Ferozepore town and claim to be owners of cattle kept for milch and draught purposes. They claim that whenever any animal of theirs dies, they cause disposal of its dead body by removal to a place one kilometre outside the municipal limits to be buried under the ground. The grouse of the petitioners is that the Municipal Committee on 26-3-1985 observed a sham public auction for disposal of the dead bodies of animals for the year 1985-86 declaring Kala respondent 3 as the highest bidder for Rs. 41,000/-. Since the auction was conducted by the Executive Officer of the Municipal Committee, the auction obviously was submitted to the latter for approval. The Committee turned down the proposal and did not approve the auction. The State Government, however, differed with the Committee and endorsed the view of the executive officer. The petitioners attempt in these petitions is to cut the auction











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