Court No. - 29
Case :- WRIT - C No. - 21453 of 2020 Petitioner :- Mohd. Idrees Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shyam Sunder Mishra Counsel for Respondent :- C.S.C.,Syed Badshah Husain Naqvi
Hon'ble Pankaj Naqvi,J. Hon'ble Piyush Agrawal,J.
Heard Sri Shyam Sunder Mishra, learned counsel for the petitioner, Sri Syed Badshah Husain Naqvi, learned counsel for respondent no. 5 and learned Standing Counsel.
By means of present petition, the petitioner has sought inter alia the following relief:-
(a) issue a writ, order or direction in the nature of mandamus commanding / directing the respondent nos. 2, 3 and 4 to permit the petitioner to open and run the shot of mutton and chicken situated at the G.T. Road Lodhiganj, Shantinagar, Distt. Fatehpur.
It it submitted by learned counsel for the petitioner that petitioner is running a butcher shop for which he has obtained a valid licence from Nagar Palika Parishad, renewed from time to time and also having a valid lincence from Food Safety and Standards Authority of India (FSSAI). He is running his shop in consonance with the bye-laws of Nagar Palika Parishad without any violation of terms and conditions of the licence and the said shop is only source of his livelihood. He further submits that one shopkeeper namely Dinesh Vishwakarma with ultra motives has made a frivolous complaint on the basis of which the police authorities in collusion with him, forcibly closed the shop of the petitioner in illegal manner and also threatened him to face dire consequences, if he reopens his shop.
Per contra, learned Standing Counsel on the strength of instructions submits that there is no order or action being taken by respondent nos. 3 and 4 for closure of shop in question. He further submits that the petitioner is admittedly running butcher shop and instead of slaughtering the animals in the slaughter house, he used to slaughter in front of his shop which creates disharmony among the persons living nearby the shop.
The Court has perused the records.
Pointedly we asked to learned Standing Counsel about existence of any slaughter house by Nagar Palika Parishad, answer was in negative. He admits that the authorities have not earmarked any place for slaughtering.
Nevertheless petitioner's counsel undertakes that petitioner shall adopt all precautions by properly covering his shop so as to ensure that slaughtering is not visible to members of general public and also ensure that hygiene is not compromised while selling meat.
In view of above, writ petition is disposed of with direction to the respondent authorities not to interfere in running the shop of petitioner situated at G.T. Road Lodhiganj, Shantinagar, Distt. Fatehpur, except in accordance with law.
Order Date :- 7.1.2021 Rahul Dwivedi/-