IN THE HIGH COURT OF JUICATUREA u;GJ aw 7 %£? .. Mohhamad lbrahim ' S/o Late Sheikh Ahamad Qureshi‘ aged about 55 years R/o Baijnathpara, SPU zAR‘ W.P. 7'L+/200 K J Raipur (0.6.) VERSUS 1. Municipal Corporation Raipur though Commissioner Municipal Corporation Raipur Distt. Raipur (C.G.) 2. State of Chhattisgarh ‘ through Secretary Urban Department & Administration D.K.S. Bhawan, Raipur (C.G.) / WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT, ORDER OR DIRECTIONS OR LIKE ETC. T ‘ / Shri GauTam Bhaduri, a Nos.711/2004,‘ 712/2004 and 71 Shri B. P. Sharma Corpomfion/respondenf No.1v Shri Sandeep Dubey, Gov N02. By This common order 714/2004 are being disposed o] The same issue. The pe’rifioners have pl Ar‘ficie 226/227 of fhe Consfh‘ propriefy and correctness c 16—2-2004 whereby fhe pefi‘ric business of mm’fon on Amar prescribed place under ‘rhe iii directed 'i'hai by 204m February of muh‘on and if fhe compiiana will be iniTiafed against The pefi The pe‘rifioners' case is since Iasf more Than 30-40 yi Nag'ar Market more popularly sudden, respondenT issued a n: u—w, lounsel for ‘rhe pe‘rifioners in W. P. 4/2004 Advocafe for The Municipal T. Advoca‘re for The Sfa‘re/respondenT N. P. Nos. 711/2004, 712/2004 and i as The above wriT peTiTions relaTe To ‘eferred These wriT peTiTions under uTlon of India quesTioning The legaliTy, f The noTice Annexure-P/l daTed ners were prohibiTed from doing The deep Talkies Road, which is noT a :ence. The peTiTioners were furTher 2004, They should close The business a is noT made, Then appropriaTe acTion Tioners. ThaT They are carrying Their business :ars in The markeT area of Jawahar known as muTTon markeT and all of a Tice on 16-2—2004 .To ”close down The 1 , g. XI-HC-zz mm mama: b“P"§7‘ili {(9% zoo m mm mam mm magnum wwwe'wm hwm 1.820% XLHC-zzj WW,W,W 3mm mm ‘bz'Pw’tijg/pm zoo (W The public aT large and The said markeT Than 4O year's. The said markef is rporafion. Side by side, fhey are also are earning Their livelihood. For fha‘l' fhe business during fhe financ l being paid by fhe pefifioners issue The re used To necessary sale of meaT- aT Jawahar mc opposiTe To Amard'eep Talkies prayed ThaT respondenTs be i noTice Annexure-P/l be quashec ReTurn has been filed on CorporaTion in which iT has beei noTice iTself ThaT The peTiTione Than The place earmarked und Them for selling meaT. The peTi‘ selling of muTTon in conTravenTi The ChhaTTisgarh Municipal Cor bufchers are selling mu‘Hon +0 is esTcblished since lasT more recognized by The Municipal Co selling chickens and eggs and purpose fhe licence was gran’rei by fhe responden‘r Corporai’ion 1’0 do ial year 2003—04 and fhe Tax is also l ich is evidenT from Annexure-P/3. In para-5.8 if has been men‘rione That afTer filing of fhese peTiTions respondenf No.1 has forms/applicaTions To The peT ioners for renewal of Their licences for selling meaT. The peTiTio rs are carrying on Their business of rkeT, Raipur which is adjacenT and for more Than 35 years. IT has been lirecTed To renew Their licences and l. behalf of respondenT No.1, Municipal i menTioned ThaT iT is evidenT from The rs are selling meaT aT The place oTher er The licence which was granTed To 'ioners are noT enTiTled To carry on The on of The provisions of SecTion 255 of aoraTion ACT, 1956 (for shorT ‘The ACT, m git; mmm WW§MW muTTon shops by 20'" February 2004. in fhaT markef a‘r leasf 15—20 xczz m wm wruremaxé$k§"w’9*-WI&I~[-Ogt 290 ‘ m— mm WW mm‘ wmmafm #1, *Wm g??? fhai‘ isWVviwy fhe pe‘rii’ioners were cailed uponwBV-Afhe respondenfs To close down fh% said business a‘r The Lin—licenced place by 20*" February 2004. The ple‘‘rifioners are licenced To carry on fhe ‘ said sale a? fhe specific sholp at Jawahar Market Raipur. i From perusal of Annexure-P/1 d4 P/l? i‘r will be clear fha'r fhe peTiTioners have been granTed licence fo sell ‘rhe meal a‘l Jawahar Marke‘r Raipur and The pefmoners are carrying on The said sale a‘r Amardeep Talkies Road, Raipur, Thus 'rhe pe‘hfioners impliedly admii' confraven‘rion of ‘i'he provisions of law. The wri‘l pefition No.3471/2003 (Ku. A. Indira and anofher Vs. S‘rafe of Ca and oThers) was filed in which This Cour‘r directed fhe pe‘l‘ifioners 1'0 make a represenfafion before fhe answering responden‘rs and in Turn answering respondenfs were i l direcfed ‘ro pass appropriafe oii‘der as per legal provisions. AfTer fhe represen’rafion was made, fhelanswering responden‘r has been called upon To comply wifh fhe prbvisions of The Ac? and, fherei‘ore, respondenfs issued fhe noiice :To ‘rhe peTiTioners. I have heard learned cdunsel for The parTies and perused fhe record. Shri Gaufam Bhaduri, Elearned counsel for 1‘he pefifioners argued Tha’r The pefifioners are carrying on The sale under The licence Annexure-P/Z and, Therefore, noTice of The respondenTs was WifhouT jurisdicTion. i i l l # Whereas, Shri B. P. Shim, Ieamed counsel for responden‘r No.1 argued fha‘r municipal cor purpose of selling of mu'Hon anc gmnTed licence for carrying on The pe‘ri‘lioners are selling ouTs Road affer mkin-g shops on renT have been allof‘red some shops fhe meat Aparf from fhaf, The business oufside-The markef a’r nofice was issued f0 fhe pefi‘rimers and fha‘r Too on The complainT of ‘he direcTion of This CourT in W. P. No. 3471/2003. Having heard learned i perused The record, iT is admiT granTed permission vide Annex Jawahar MarkeT, Raipur. Dur Jawahar MarkeT was shown in The Jéwah'ar Markei and me Talkies Road and The shop N p'eTiTioner in W.P.No.711/2004 ‘given To The peTiTioners' for s Amardeep Talkies-Road. IT is mTion has fixed fhe markef for fhe ofher iTems and fhe pefifioners were their sale in The said markef, whereas ide fhe marke‘r a‘r Amardeep Talkies from privafe persons. The pefifioners by The municipal corporafion To sale pefifioners are also carrying on fheir Amardeep Talkies Road againsf which local people and also in view of 1 :ounsel for. The parTies and having Ted posiTion ThaT The peTiTioners were ire-P/Z To carry on sale of muTTon in ng The course of argumenTs, map of ich all The shops are consTrucTed in are noT abuTTing on The Amardeep .20 and 21 has been alloTTed To The hereas, noTice Annexure-P/i has-been pping The business of muTTon Ion The evidenT from Annexure-R/4 filed by h 'XI-HC-zz‘ mm i mm'w‘g WW a zooaq m m5! mm - mmm ,4, wwwh‘wm *wm XI-RC-22 m 3am, WW. Wm WM‘ N9a‘71Q ax zooaq fher‘efor‘e' ‘Hney are nof carrying fhey are carrying on saie on connecfion, Secfion 255 of The A fhaf ’wifhouf a iicence from fhe 2004, fhaf The shops of Jawahclr MarkeT are in damaged condifion, on sale in fhe Jawahar Markef and Amardeep Talkies Road. In This cf, 1956 is relevanf which envisages Commissioner no person shall sell or expose for sale any animal or ary meal’ or fish inTended for human food in any place ofher Than a Co‘rporafion or licensed markef.‘ Under fhis provision Jawahar marke‘r has been fixed by The Municipal Corporafion for selling of mu‘i'flpn and ofher i‘rems for which 'i'he pefi‘lioners havelbeen granfed liqhnce, Therefore, ‘l'he pefifioners are no? enTifIed To carry on sale of \ calling upon fhe’ petitioners no? Talkies Road' does not suffer mu‘Hon ofher Than ‘rhe place fixed place i.e. a? Amardeep Talkies Road, as such fhe nofice impugned Therefore, The pefi‘l’ioners 1’0 ‘rhis exfem‘ are not en‘rifled for The relief soughf for. r renewal of licence is concerned, fhere are allegafions Tha‘r on acciounf of filing of wrif pe‘rifion, fhe responder)? corporarion is not As far as +he ques‘l’ion fc giving applicafion forms to fhe pefifioners for applying for renewal of licence, parficularly, when fhe respondenf corporafion has already fixed Jawahar markef for fhe all fairness, respondenf corporafion sale of meaf and ofher ifeins, in ou hf To have su lied lica' «x fa carry on The sale on Amardeep from any infirmi‘i'y and illegali‘ry, m “nu Wm Warm mam WWW ”5“ mwimm kWW Bar've pefifioners for renewal of The licence and oughf To have decided ‘rheir applicufions in accordance wi‘rh “aw. In fhe result fhe above peTiTions are dismissed To fhe exfem‘ of noi‘ice Annexur‘e-P/L However, respondeni' corpora‘rion is direcfed To supp!y applica‘i’ion forms for renewai of iicence of The peTiTioners and afTer‘submiTTing The forms hy The peTiTioners, To consider The appiicaTions for renewal of The licence in accordance wiTh law‘ ParTies are enTiTled for cerTified copy of This order. Sdl- L.c.BHADoo Judge msslE‘i) ‘ XI-HC-zz 3am, mg, W mrraw Vii-{"111 20004 m Wm mm WW WWW ,g— WW§WW ém§wm