Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner and learned State counsel.
It is submitted on behalf of the petitioner that the petitioner moved an application before the opposite party No. 2 for grant of permission to sell buffalo meat, however no action was taken on the same by the opposite party No. 2.
Accordingly, the petitioner approached this Court for the following main relief:-
"(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding/directing the opposite party no.-2 to issue license for selling the buffalo meat to the petitioner with immediate effect."
Learned counsel for the petitioner submitted that the controversy involved in the present case is squarely covered by the order dated 26.07.2017, passed by this Court in the Writ Petition No. 16638 of 2017 (Salman v. State of U.P.), which reads as under:-
"Heard Mr. Irfan Alam, learned counsel for the petitioner and Mr. Q.H. Rizvi, learned Additional Chief Standing Counsel for the respondents.
Counsel for the petitioner submits that the petitioner would be satisfied if he is given liberty to apply for licence to sell buffalo meat and directions are issued to the concerned authority to consider and decide his application within time frame. Counsel for the respondents submits that if the petitioner makes an application, as aforementioned, the concerned authority shall consider and deal with the same within a period of six weeks from the date of its presentation.
Petition is accordingly disposed of with liberty as prayed. If the petitioner makes an application for licence to sell buffalo meat, the concerned authority shall consider and decide the same in accordance with law within a period of six weeks from the date of receipt of this order. Petitioner is directed to produce a copy of this order before the concerned authority within one week from today. We also observe that the petitioner has not pressed prayer no. (i) as made in the writ petition, whereby he is seeking direction for issuance of licence for slaughtering of buffalow. Counsel for the petitioner specifically stated that the petitioner only wants licence to sell buffalo meat. His statement is accepted."
Accordingly, learned counsel for the petitioner requested that the same benefit may be given to the petitioner of the present case.
Learned State counsel has no objection to the aforesaid prayer.
Accordingly, the writ petition is disposed of with liberty to the petitioner to move a fresh application in respect to the grievances which he has raised in the present writ petition to the opposite party No. 2 within a period of three weeks from today and after receiving the same, the opposite party No. 2 is directed to decide the same by way of reasoned ans speaking order in accordance with law within a further period of six weeks from the date of receipt of certified copy of this order.
It is clarified that while adjudicating the claim of the petitioner, this Court has not entered into the merits of the case.
Order Date :- 17.12.2019 Arun/-