WP(C) 2558/2009 BEFORE HON’BLE MR JUSTICE C.R. SARMA Heard Mr. A.S. Choudhury, learned senior counsel assisted by Mr. M.H. Ahmed, lea rned counsel appearing for the petitioners. Also heard Mr. P. Roy, learned Addl. Senior Govt. Advocate appearing for the respondents. The petitioners, by this writ petition, filed under Section 226 of the Constitut ion of India, has challenged the order dated 22/6/2009 passed by the Deputy Comm issioner Dhubri thereby withholding the identity card for cattle trade and the o rder dated 24/6/2009 passed by the Executive Officer, Municipal Board Dhubri the reby rejecting the petitioner’s prayer to renew the cattle trade licence for the year 2009-2010. The petitioner’s case in brief is that, the petitioners are cat tle traders by profession and that they are running family business. According t o the petitioners, the Deputy Commissioner Dhubri, without any sufficient reason s, withheld the cattle trade licence and the Municipal Board Dhubri refused to r enew the cattle trade licence without any substantive reasons. It is contended b y the petitioners that the petitioners constructed a modernised cattle shed at v illage Pub Tiamari as per plan and estimate. From the impugned order dated 22/6/ 2009, passed by the D.C. Dhubri, it appears that the D.C asked the petitioners t o show cause as to why their identity card for cattle trade shall not be cancell ed for violation of the terms and conditions as well as for misuse of the same. As the said identity card holders failed to submit necessary documents pertainin g to the cattle business, the D.C. by the impugned order, as an interim measure passed orders suspending the identity card issued to the petitioners thereby req uiring the petitioners to submit all relevant documents within the stipulated pe riod. The Executive Officer Dhubri Municipal Board, by impugned order dated 24/6 /2009 observed that the matter regarding renewal of cattle trade licence has bee n enquired through Asstt. Engineer, Municipal Board, Dhubri & District Veterinar y Officer, Dhubri. During the said enquiry, the following report was submitted : - 1. The site is unfit for keeping animals as per provisions of Cruelty to A nimal Act. 2. The area where cattle trade is to be carried out is a residential one. K eeping of large number of cattle for business purpose cannot be allowed in a res idential area as it will create health hazard and also unhygienic. 3. The area of the cattle shed is found to be too small for keeping cattle for business purpose. In view of the said order, the Executive Officer, while refusing to renew the ca ttle trade licence for the year 2009-2010, rejected the prayer made by the petit ioners. The petitioners in their writ petition, more particularly at paras. 15-1 7 and also at Annexure 23 to the writ petition indicated that the petitioners sh ifted their cattle shed to village Tiamari and constructed a modern cow shed mai ntaining hygienic condition as per requirement. It is also contended that necess ary approval regarding construction of the new cattle shed was obtained from Dhu bri-Gauripur Development Authority (Annexure 23 to the writ petition). Having heard the learned counsels for both sides and considering the entire matt er, it appears that the petitioners have contended that they have already constr ucted a modern cow shed maintaining hygienic condition and keeping in mind the c omfort of the cattle. In view of the above averments made by the petitioners, the respondents’ authori ty may consider the petitioner’s case for renewal of the licence if it is found that necessary steps have been taken by the petitioners for keeping the animals, maintaining hygienic condition as well as comfort of the cattle. This writ petition is disposed of directing the respondents authorities to consi der the matter regarding renewal of cattle trade licence in favour of the petiti oners, if it is found that the petitioners have made necessary and proper arrang ement for keeping the animals in comfort by maintaining hygienic condition as pe r law. The exercise shall be completed within a period of two months from the dated of receipt of a certified copy of this order. With the above direction, this writ petition is disposed of. The Registry shall communicate a copy of this order to the Executive Officer, Mu nicipal Board Dhubri and the Deputy Commissioner, Dhubri.