Nand Lal Mann and Others vs State of Punjab and Others

Sanjay Kishan Kaul, C.J.

CM-11461-2013:

Leave is granted to place on record photographs as Annexure P-15(colly) and the application is allowed.

CWP-5896-2013:

The petitioners have filed this writ petition under Article 226 of the Constitution of India with a dual prayer: (a) a direction against the Municipal Corporation authorities/respondent No. 4 and other authorities to take action against the illegal slaughter house alleged to have been carried on by respondents No. 10 and 11 in the name of respondent No. 9; and (b) direct registration of F.I.R. on complaint dated 8.2.2013 against respondents No. 10 and 11 under Sections 452/323/324/325 IPC.

Insofar as first aspect is concerned, the grievance really does not survive now in view of the last affidavit filed by respondent No. 4-Corporation. The affidavit sworn on 3.8.2013 states that no slaughter house is allowed except at the slaughter house of the Municipal Corporation, Ludhiana and during routine check on 20.12.2012 and 25.1.2013, it was found that two goats were kept for sale without proper stamp of Municipal Slaughter House. The offenders have been challaned u/s 333 of the Punjab Municipal Corporation Act, 1976.

The other aspect which the report deals with is regarding the Food Safety and Standard Act, 2006 of Government of India read with Food Safety and Standard Rules, 2011 enacted therein which are stated to have been implemented with effect from 5.8.2011 and have been adopted in the State of Punjab. Thus, licence for sale of meat is stated to be now governed under Schedule 4 of that Act and licence is to be issued by District Health Officer, who is designated as Licensing Authority under that Act. In terms of Schedule-4 of the said Act, the minimum distance between a licensed meat shop and any place of worship should not be less than 50 meters. However, a condition of 100 meters distance will apply to those premises situated directly opposite to the entry gate of religious place of any community.

In terms of the aforesaid norms, it has been stated in the affidavit, that M/s. Avtar Meat Shop as well as M/s. Joginder Chicken Meat Shop had been issued licences by the Licensing Authority. Insofar as the shop in question is concerned, on measurement, it was found to be less than 50 meters from Sat Narain Mandir. So, the Licensing Authority was asked to take action as per rules against the meat shops and the licence of M/s. Avtar Meat Shop and even that of M/s. Joginder Chicken Meat Shop has been cancelled on 2.8.2013 by the Designated Officer-cum-District Health Officer.

Learned counsel appearing for respondents No. 9 to 12 submits that the attitude of the petitioners has been vindictive towards them and they are themselves also violating laws. In our view, this is no answer to an illegality detected, i.e., somebody else is also doing an illegal act and thus, it has the licence to do an illegal act. There can be no question of application of Article 14 of the Constitution of India in the scenario. Thus, the plea of the learned counsel for respondents No. 9 to 12 is negated.

The other aspect pointed out by learned counsel is that in the order dated 14.5.2013 he had advanced the plea that the petitioner No. 1 was running a hotel under the name and style of "Malook Hotel" opposite to the shop of said respondents and the hotel was operating with a bar without the requisite sanction and without permission from the Pollution Control Board. It is also alleged that there was no parking place and the generator sets were placed outside on road.

On 18.7.2013 we, however, recorded the submission of the learned counsel for respondent No. 4 that the petitioner No. 1 had a licence to run the hotel. We are informed that insofar as generator sets are concerned, the same have been removed. If any illegality is found in the running of the hotel of petitioner No. 1, naturally, the authorities will take action in accordance with law.

At request of learned counsel for respondents No. 9 to 11, we make it clear that if against the cancellation of licence, any legal remedy is available to the said respondents, they will be entitled to avail of the same in accordance with law.

Now, coming to the second prayer in the petition, learned counsel for the petitioners submits that he has filed some photographs, which have been brought on record today, to show the conduct of respondents No. 9 to 12. He says that fortunately there is a compact disc of the whole incident which resulted in the petitioners'' filing a complaint on 8.2.2013. His submission is that on the other hand, the petitioners are unnecessarily sought to be booked. Learned counsel for the State of Punjab submits that since there are complaints and counter-complaints, the matter is being investigated by the police authorities and, therefore, the parties are being asked to join the investigation. He submits that as far as the CD. of the petitioners is concerned, the same will be examined as a material submitted by the petitioners. The petition stands disposed of in the aforesaid terms.