2026 Supreme(Online)(Guj) 36587
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
MOHAMMADSHAFI JUMMABHAI BELIMV/sSTATE OF GUJARAT
R/SCA/15846/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15846 of 2026 ==========================================================
MOHAMMADSHAFI JUMMABHAI BELIM & ORS.
Versus STATE OF GUJARAT & ANR.
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Appearance:
MR ZUBIN F BHARDA(159) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,4,5,6, 7,8,9 MR JAYNEEL PARIKH, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1 MR DEEPAK SANCHELA for the Respondent No.2 ==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 29/10/2026
ORAL ORDER
1. Heard learned advocate Mr. Zubin Bharda appearing on behalf of the petitioners, learned Assistant Government Pleader Mr. Jayneel Parikh appearing on behalf of the respondent – State and learned advocate Mr. Deepak Sanchela appearing on behalf of respondent no.2.
2. By way of this petition, the petitioners have sought for the following prayers:-
“(A) This Honourable Court be pleased to admit this petition.
(B) This Honourable Court be pleased to quash and set aside the orders/notices dated 17.08.2026 passed by the Chief Officer, Radhanpur Municipality, respondent no.2 herein (Annexure – L to U to the petition), directing closure of their businesses involving running of slaughter houses, selling of meat, fish and poultry and restaurants selling non- vegetarian cuisine for a period of 4 months by terming it to be an unreasonable restriction violative of articles 14 and 19(1)(g) of the Constitution.
##PAGE2##(C) Pending, admission and final hearing and / or final disposal of this petition, this Honourable Court may be pleased to stay the operation of the orders / notices dated 17.08.2026 passed by the Chief O Radhanpur Municipality / the respondent no.2 and further be pleased to injunct the respondent no.2 from restraining the petitioners from carrying out their Businesses / Trade.
(D) Be pleased to pass such other and further order(s) as may be deemed fit and proper in the interest of justice.
(E) Be pleased to award cost of this petition from the respondents.”
3. The petitioners being aggrieved by orders dated 17.08.2026 passed by the Chief Officer, Radhanpur Municipality – respondent no.2 herein directing closure of slaughter houses / retail outlets selling meat products for a period of four months, have approached this Court challenging the same.
##PAGE3##4. Brief facts leading to filing of this petition being that all the petitioners are in the business of running slaughter houses or in the business of selling meat products like mutton, chicken, fish etc.
4.1. It is the case of the petitioners, which is not disputed by the respondents, that all the petitioners have appropriate licenses to carry out business which they are doing as of now. It appears that the Chief Officer, Radhanpur Municipality has passed orders dated 17.08.2026 whereby the Chief Officer has inter alia directed the petitioners to close their slaughter houses for a period of four months from the date of the order on the ground that a senior leader of a Jain religion is going to stay in the limits of Radhanpur Town for a period of four months on account of a religious occasion (Paryushan) of the community in question and whereas, various senior leaders and devotees of the religious leader, who is going to reside in the Radhanpur Town, would be visiting Radhanpur Town for a period of five months and whereas, since the business being carried out by the petitioners could hurt the religious feelings of such persons, therefore, it was directed that the business of a slaughter houses should remain closed for a period of four months. It is also stated that in case the petitioners would not close the business, then appropriate action under the Gujarat Municipalities Act, 1963 would be taken against them.
##PAGE4##4.2. Being aggrieved by the said impugned orders, the petitioners have approached this Court