Mohit Kumar vs District Magistrate Haridwar & Others

Ramesh Ranganathan, CJ

This Writ Petition is filed questioning the oral direction allegedly issued by the District Magistrate, Haridwar prohibiting the sale of chicken within the territorial limits of Haridwar district.

The petitioner, who is running a chicken centre in Laksar, claims that such direction of the District Magistrate, Haridwar is unauthorized and is contrary to law.

In the counter-affidavit filed on behalf of the Food Safety Officer, Laksar, Haridwar district, it is stated that the petitioner does not have a valid registration certificate regarding the Food Safety & Standard Act, 2006; as per Rule 2.5.1 of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011, 'chicken' also falls within its ambit; the District Magistrate, Haridwar had only sought to implement the orders passed by the High Court from time to time and, therefore, no interference is called for.

A Division Bench of this Court had, by its order in Writ Petition (PIL) No.152 of 2018 dated 20.09.2018, directed all illegal Slaughter Houses in the State of Uttarakhand to be sealed; and all the Executive Officers of the Local Self Government, Municipal Corporation, Municipalities, Nagar Panchayats and other Panchayats to ensure that no animal was slaughtered in the public streets/paths/roads and in open spaces. The State Government was also directed to ensure that no Slaughter House was permitted to run without complying with the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.

While Mr. Anil K. Dabral, learned counsel for the petitioner, would contend that the petitioner has a valid registration certificate, the order of the Division Bench in Writ Petition (PIL) No.152 of 2018 dated 20.09.2018 prohibits operation of illegal Slaughter Houses and the slaughter of animals. The action being taken by the District Magistrate, Haridwar, to prohibit sale of chicken does appear to be in compliance with the order of the Division Bench in Writ Petition (PIL) No.152 of 2018 dated 20.09.2018.

Mr. Anil K. Dabral, learned counsel for the petitioner, would contend, placing reliance on the supplementary affidavit filed by him, that sale of meat and chicken continues unabated in the other districts of the State. This issue falls beyond the scope of the present Writ Petition which is filed questioning the action of the District Magistrate, Haridwar in prohibiting the sale of chicken.

It is not even the case of the petitioner, in the present Writ Petition, that sale of meat and chicken should be prohibited in other districts of the State.

Since the action of the District Magistrate, Haridwar is in compliance with the order of the Division Bench in Writ Petition (PIL) No.152 of 2018 dated 20.09.2018, such action cannot be faulted.

While dismissing the Writ Petition, we leave it open to the petitioner, if he so chooses, to question the failure of the State Government in preventing slaughter of animals in other districts of the State. No costs.