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2017 Supreme(All) 2888

A.P.SAHI, SANJAY HARKAULI
MOHD. MUSTAFA – Appellant
Versus
UNION OF INDIA THRU. SECY. MINISTRY HEALTH & FAMILY WELFARE – Respondent


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 c




































































































































































































































































































































































































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