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2017 Supreme(All) 2888

IN THE HIGH COURT OF ALLAHABAD
AMRESHWAR PRATAP SAHI, SANJAY HARKAULI, JJ.
MOHD. MUSTAFA - Appellant
Vs.
UNION OF INDIA THRU. SECY. MINISTRY HEALTH & FAMILY WELFARE - Respondent
Misc. Bench No. 8293 of 2017
Decided on : 12-05-2017

Advocate Appeared:
Anoop Kumar Bajpai, Brijesh Kumar Singh, Advocates, for the Petitioner in Misc Bench No. 8293 of 2017; C.S.C, A.K. Verma, A.S.G, Dheeraj Srivastava, Jaibind Singh Rathour, Sanjay Tripathi, Shailendra Singh Chauhan, Advocates, for the Respondent in Misc Bench No. 8293 of 2017; Anoop Kumar Bajpai, Advocate, for the Petitioner in Misc. Bench No. 6871 of 2017; C.S.C, Dheeraj Srivastava, Advocate, for the Respondent in Misc. Bench No. 6871 of 2017; Daya Shankar Yadav, Advocate, for the Petitioner in Misc Bench No. 6806 of 2017; C.S.C, Nazim Ali Siddique, Advocate, for the Respondent in Misc Bench No. 6806 of 2017; Girish Chandra Sinha, Mayank Sinha, Advocates, for the Petitioner in Misc Bench No. 2599 of 2015; C.S.C, Shailendra Singh Chauhan, Surendra Singh, Advocates, for the Respondent in Misc Bench No. 2599 of 2015; Pankaj Gupta, Advocate, for the Petitioner in Misc Bench No. 7768 of 2017; C.S.C, Anuj Kumar Srivastava, Advocate, for the Respondent in Misc Bench No. 7768 of 2017; Pankaj Gupta, Advocate, for the Petitioner in Misc Bench No. 7684 of 2017; C.S.C, Anuj Kumar Srivastava, Advocate, for the Respondent in Misc Bench No. 7684 of 2017; Daya Shankar Yadav, Advocate, for the Petitioner in Misc Bench No. 7687 of 2017; C.S.C, Nazim Ali Siddique, Advocate, for the Respondent in Misc Bench No. 7687 of 2017; Shakeel Ahmad Khan, Munni Lal Yadav, Advocates, for the Petitioner in Misc Bench No. 8378 of 2017; C.S.C, for the Respondent in Misc Bench No. 8378 of 2017; Firoz Ahmad Khan, Advocate, for the Petitioner in Misc Bench No. 8539 of 2017; C.S.C, Rajeev Narayan Pandey, Advocate, for the Respondent in Misc Bench No. 8539 of 2017; Firoz Ahmad Khan, R.A. Khan, Advocates, for the Petitioner in Misc Bench No. 8542 of 2017; C.S.C, for the Respondent in Misc Bench No. 8542 of 2017; Ajey Singh, Advocate, for the Petitioner in Misc Bench No. 8785 of 2017; N.A. Siddiqui, Advocate, for the Respondent in Misc Bench No. 8785 of 2017; Abhishek Dixit, Advocate, for the Petitioner in Misc Bench No. 8713 of 2017; C.S.C, Ashish Kumar Agarwal, Advocate, for the Respondent in Misc Bench No. 8713 of 2017; Firoz Ahmad Khan, Advocate, for the Petitioner in Misc Bench No. 9015 of 2017; C.S.C, Rajeev Narayan Pandey, Shakeel Ahmad Khan, Advocates, for the Respondent in Misc Bench No. 9015 of 2017; Firoz Ahmad Khan, Advocate, for the Petitioner in Misc Bench No. 9018 of 2017; C.S.C, for the Respondent in Misc Bench No. 9018 of 2017; Shishir Pradhan, Advocate, for the Petitioner in Misc Bench No. 9270 of 2017; C.S.C, Sudheer Tripathi, Advocate, for the Respondent in Misc Bench No. 9270 of 2017; Farooq Ayoob, Advocate, for the Petitioner in Misc Bench No. 9132 of 2017; C.S.C, Aftab Ahmad, Advocate, for the Respondent in Misc Bench No. 9132 of 2017; Farooq Ayoob, Advocate, for the Petitioner in Misc Bench No. 9134 of 2017; C.S.C, Aftab Ahmad, Advocate, for the Respondent in Misc Bench No. 9134 of 2017; Firoz Ahmad Khan, Advocate, for the Petitioner in Misc Bench No. 9114 of 2017; C.S.C, Rajeev Narayan Pandey, Advocate, for the Respondent in Misc Bench No. 9114 of 2017; Firoz Ahmad Khan, Advocate, for the Petitioner in Misc Bench No. 9129 of 2017; C.S.C, Rajeev Narayan Pandey, Advocate, for the Respondent in Misc Bench No. 9129 of 2017; Mohammad Riyaz, Prabhat Kumar, Advocates, for the Petitioner in Misc Bench No. 9497 of 2017; C.S.C, Ajay Kumar SinghRaj, Ram Raj, Advocates, for the Respondent in Misc Bench No. 9497 of 2017; Zubair Hasan, Abhijeet Singh, Advocates, for the Petitioner in Misc Bench No. 9778 of 2017; C.S.C, Shailendra Singh Chauhan, Advocate, for the Respondent in Misc Bench No. 9778 of 2017; Firoz Ahmad Khan, Advocate, for the Petitioner in Misc Bench No. 9792 of 2017; C.S.C, Rajeev Narayan Pandey, Advocate, for the Respondent in Misc Bench No. 9792 of 2017; Brijesh Kumar Singh, Advocate, for the Petitioner in P.I.L. Civil No. 9740 of 2017; C.S.C, A.S.G, Ashok Kumar Verma, Advocate, for the Respondent in P.I.L. Civil No. 9740 of 2017; Avinash Kumar Srivastava, Advocate, for the Petitioner in Misc Bench No. 10032 of 2017; C.S.C, Dr. Dinesh Chandra Awasth, Advocate, for the Respondent in Misc Bench No. 10032 of 2017; Zubair Hasan, Sheikh Wali-Uz Zaman, Advocates, for the Petitioner in Misc Bench No. 10171 of 2017; C.S.C, Shailendra Singh Chauhan, Advocate, for the Respondent in Misc Bench No. 10171 of 2017; Brijesh Kumar Singh, Advocate, for the Petitioner in P.I.L. Civil No. 10163 of 2017; C.S.C, for the Respondent in P.I.L. Civil No. 10163 of 2017; Zubair Hasan, Mohammad Danish, Advocates, for the Petitioner in Misc Bench No. 10279 of 2017; C.S.C, Shalendra Singh Chauhan, Advocate, for the Respondent in Misc Bench No. 10279 of 2017

JUDGMENT :

Amreshwar Pratap Sahi and Sanjay Harkauli, JJ.

This bunch of writ petitions raises a challenge to State Action in respect of shutting down of abattoirs and slaughter houses throughout the State, which in the opinion of the State Government were running unlawfully without complying with the provisions of the Prevention of Cruelty to Animals Act, 1960 read with the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, the provisions of the Food Safety and Standards Act, 2006 and the Rules, Regulations and orders relating thereto, the directions issued by the Hon'ble Apex Court in the case of Laxmi Narain Modi v. Union of India and Ors. - Writ Petition (C) No.309 of 2003 and the orders passed finally in Writ Petition (C) No.330 of 2001 (Common Cause v. Union of India & Ors.) on 17.02.2017 and the directions issued by the National Green Tribunal (N.G.T.).

2. The State Government under the exercise of its executive powers issued a Government Order on 22nd of March, 2017 containing directions to all administrative and police authorities as well as the local bodies concerned, as a consequence whereof several slaughter houses throughout the State which according to the State were running unlawfully and were either unregistered or unlicensed were shut down and sealed. The same resulted in directly affecting those who were involved in the trade and profession of slaughtering as well as selling meat. The present bunch of writ petitions have arisen on account of the contingency aforesaid where various reliefs have been claimed; primarily to renew such licenses that were existing prior to the issuance of the Government Order by the respective local bodies and local self-government in the State, and for a further mandamus restraining the respondents not to interfere or create any hindrance in their trade and profession of either slaughtering or selling meat. Most of the writ petitions are by meat shop owners who are either engaged in the selling of buffalo meat or such bovines and others are venders of goat meat and poultry. Since, the writ petitions relating to the said relief are in majority, we would like to further mention that Writ Petition No.8293(M/B) of 2017 - Mohd. Mustafa & 2 Ors. v. State of U.P. & Ors., has another prayer; praying for a mandamus to the Union of India and the Food Safety and Standards Authority to amend the IVth Schedule of the Food Safety and Standards Licensing and Registration of Food Business Regulations, 2011 with a further relief to construct requisite number of slaughter houses for facilitating the production and sale of meat and chicken throughout the State in rural and urban areas. The said writ petition impleads some of the Local Bodies in the State, the District Administration, the Union of India and the other authorities of the State.

3. There is one writ petition which has been filed with a slightly different relief framed as a Public Interest Litigation (P.I.L.) praying for quashing of the minutes of the meeting of the Committee chaired by the Chief Secretary of the State dated 27th, 30th of March, 2017 being Writ Petition No.10163 (P.I.L. Civil) of 2017 - Ramjan Ali v. State of U.P. & Ors.

4. Another P.I.L. has been filed being Writ Petition No.9740 (PIL) of 2017 - Arshad Jamal and Anr. v. State of U.P. and Ors., in relation to the slaughter house known as `Saarhu Slaughter House' in the Nagar Palika Parishad, Mau Nath Bhanjan, District - Mau, Uttar Pradesh, where the prayer is that the State Government should be directed to release and sanction the amount as per the project report for commencing the operation of the said slaughter house that has already been constructed, but the delay is being caused on account of non-release of funds by the State Government inspite of the fact that other slaughter houses throughout the State that had been funded have been allowed to be set up























































































































































































































































































































































































































































































































































































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