WP(C) 315/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. I. Rafique, learned counsel for the petitioner and Mrs. H.M. Phookan, learned State Counsel appearing for all the respondents. The petitioner, by the present petition, had challenged the order dated 18-07-2009 passed by the Deputy Commissioner, Dhubri, rejecting the representation submitted by her for allowing her to transport cattle to Hats ingimari on 2 (two) grounds, namely (i) the petitioner has not been registered u nder the provisions of the Prevention of Cruelty to Animals (Registration of Cat tle Premises) Rules, 1978 and (ii) the petitioner did not possess the required c ertificate from the Veterinary Authority under the provisions of Transport of An imal Rules, 1978, which Rules are framed under the provisions of the Prevention of Cruelty to Animals Act, 1960. The learned counsel for the petitioner has submitted tha t the place where the petitioner proposed to transport the cattle, i.e. Hatsingi mari, being neither a city nor a town having the population of exceeding one lak h, the registration as required under the provisions of Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978 is not required. The lea rned counsel, however, has submitted that for transportation of such cattle, the certificate under Rule 47 of the Transport of Animals Rules, 1978 from the comp etent authority in Veterinary Department is required. The learned counsel submi ts that the Deputy Commissioner, Dhubri may be directed to allow the petitioner to pursue her avocation of transportation of the cattle, subject to fulfillment of the conditions stipulated under the provisions of Transport of Animal Rules, 1978 as well as the direction issued by the Deputy Commissioner relating to the transportation of essential commodities and other goods in border areas. Mrs. Phookan, the learned State Counsel referring to the averments made in the affidavit-in-opposition filed has submitted that keeping in view the public interest, certain guidelines were issued relating to the tran sportation of the essential commodities and other goods authorizing the BSF, Dhu bri/State Check Point/Patrolling party to check the products and demand the cash memos and challans etc. from the wholesaler/retailer, Dhubri, from where such i tems were purchased. According to the learned counsel, even if the petitioner i s not required to register under the provisions of Prevention of Cruelty to Anim als (Registration of Cattle Premises) Rules, 1978, she must possess the certific ate from the competent authority in Veterinary Department under the Transport of Animals Rules, 1978, which the petitioner did not possess. The representation of the petitioner has been rejected b y the impugned order dated 18-07-2009 on the grounds, which have already been no ticed above. Admittedly, the petitioner did not have the required certificate fr om the competent authority in Veterinary Department as required under Rule 47 of the Transport of Animal Rules, 1978. The petitioner in the present petition ha s also not challenged the order issued by the Deputy Commissioner authorizing th e BSF Authority to undertake the required check while transporting the essential commodities and other goods in the boarder areas. Even if, the registration un der the provisions of Prevention of Cruelty to Animals (Registration of Cattle P remises) Rules, 1978 is not required, as submitted by the learned counsel, the p etitioner cannot pursue her avocation in the absence of any certificate from the competent authority in Veterinary Department under the provisions of Transporta tion of Animal Rules, 1978. The learned counsel for the petitioner has submitted tha t after an earlier incident of seizure of cattle, the petitioner has discontinue d her business and intends to restart the same. In the event, the petitioner intends to restart the tran sportation of cattle business, she may do so, provided she fulfills all the requ irements under the law. The writ petition is accordingly disposed of without, ho wever, interfering the order dated 18-07-2009 passed by the Deputy Commissioner, Dhubri.