Lv^'^l^ IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH ATBILASPUR WRIT PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA W.P.No....... .^^^OF 2004 ^ PETITIONERS 1) . .^'2) ^y^/ ^gK ^0>' .^.' ^•^' ^ s?' </^.0-- /,<:?? /'^^'' ^-^i^?^' .^:^.PIA 3) 4) 5) 6) 7) Sheikh Maqbool Quraishi, S/o. Sheikh Usman, aged about 40 years, Pandri Bazar, Raipur, Tahsil and District Raipur (C.G.). Salim, S/o. Mohammed Haneef aged about 40 years, R/o Fafadih Bazar^ Raipur, Tahsil and District Raipur (C.G.). Madan Lal Singh, S/o. Shri Hamam Das, aged about 50 years^ R/o. Tatibandh, Raipur^ Tahsil and District Raipur (C.G.). Kunj Lal Dhangar^ S/o Bhuvan Lal 52 years Tikrapara, Hatri Bazar, Raipur,Tahsil and District Raipur (C.G.). Tumar Singh Pal,S/o. Kartik Ram, aged about 68 years, R/o.Tikrapara, Hatri Bazar, Raipur, Tahsil and District Raipur (C.G.). Sami Afsar Quereshi, S/o. Syed Ramzan aged about 42 years, R/o.Nehru Nagar, Raipur, Tahsil and District Raipur (C.G.). Sheikh Waheed, S/o. Sheikh Mehmood, 48 years, Vivekanand Ashram, Raipur, Tahsil and District Raipur (C.G.). 8) Sheikh Baji, S/o. Sheikh Daud, aged about 70 years, Aspatal Ward, Raipur, Tahsil and District Raipur (C.G.). 9) Mamta Pal, D/o. Raju Pal, aged about 35 years, R/o. Shyam Nagar, Raipur, Tahsil and District Raipur (C.G.). 10) Sheikh Ghaus Quereshi, S/o. Sheikh Ibrahim, aged about 27 years, R/o. Pandri Bazar, Raipur, Tahsil and District Raipur (C.G.). 1^^ 10 lf^^^B [^--.^, ^ ^&'^l 11 Mohammed Ikram Quereshi, S/o. Mohammed Siddique Quereshi, S/o. 28 years, R/o. Ganj Bazar, Raipur, Tahsil and District Raipur (C.G.). 12) Altaf @ Kanna, S/o. Sayed Ramzan, aged about 35 years, R/o. Modhapara, Raipur, Tahsil and District Raipur (C.G.). 13) Mohammed Javed, S/o. Ghulam Nabi, aged about 35 years, R/o. Vivekanand Ashram, Adarsh Bazar, Idgah Bazar, Raipur, Tahsil and District Raipur (C.G.). 14) Ghulam Rasool, S/o. Ghulam Nabi, aged abouf 50 years, R/o. Fafadih Bazar, Raipur, Tahsil and District Raipur (C.G.). 15) Sheikh Khalil, S/o. Sheikh Dawood, aged about 60 years, R/o. Katora Talab, Raipur, Tahsil and District Raipur (C.G.). 16) Sheikh Shafi Quereshi, S/o. Sheikh Rafi, aged about 25 years, Katora Talab, Raipur, Tahsil and District Raipur (C.G.). 17) Mohammed Niyaz Quereshi, S/o. Sheikh Baba Jani, aged about 45 years, Sarani Chauk, Lakhe Nagar, Raipur, Tahsil and District Raipur (C.G.). 18) Firoz Quereshi/ S/o. Mohammed Innuddin, aged about 35 years, R/o.Ashwani Nagar, Raipur, Tahsil and District Raipur (C.G.). 19) Sheikh Israel, S/o. Sheikh Ismael, aged about 30 years, R/o. Mahua Bazar, Raipur, Tahsil and District Raipur (C.G.). 20) Sheikh Hussein, S/o. Sheikh Chhote, aged about 38 years, R/o. Telibandha, Raipur, Tahsil and District Raipur (C.G.). 21) Deepak Kumar Pal, S/o.Bahadur. Singh, aged about 22 years, R/o. Tikrapara, Raipur, Tahsil and District Raipur (C.G.). 22) Prabhakar Rao Savarkar, S/o. Chatur Ram, aged about 32, R/o. Tatibandh Road, Raipur, Tahsil and District Raipur (C.G.). ^.^^^^^ II 'Sv'^yi'iff.ft.^ ij ^ ^ ^-J '%^i^y 23 Amir Quereshi, S/o. Sheikh Ameen, aged about 28 years, R/o. Nehm Nagar, Raipur, Tahsil and District Raipur (C.G.). 24) Munna Pal, S/o. Pancham^ aged about 36 years, R/o. Tatibandh, Raipur, Tahsil and District Raipur (C.G.). 25) Nain Singh Pal, S/o. Bihari Lal, aged about 42 years, R/o. Rajendra Nagar, Raipur, Tahsil and District Raipur (C.G.). 26) Ibrahim Quereshi., S/o. Late Ismail., aged about 25 years., R/o. Shankar Nagar., Khamardih, Raipur, Tahsil and District Raipur (C.G.). 27) Sheikh Aleem, S/o. Sheih Moinuddin, aged about 28 years, Sanjay Nagar, Raipur, Tahsil and District Raipur (C.G.). 28) Navab Quereshi, S/o. Sheikh Bashir Quereshi, aged about 35 R/o. Telibandha, Raipur, Tahsil and District Raipur (C.G.). 29) Sadiqe Hussein, S/o. Judda aged about 28 years, R/o. Gudhiyari, Raipur, Tahsil and District Raipur (C.G.). 30) Sheikh Salim Quereshi S/o. Sheikh Muneer, aged about 36 years, R/o, Lodhipara Chauk, Raipur, Tahsil and District Raipur (C.G.). 31) Mohammed Zakir Hussein, S/o. Mohammed Zuber Hussein, aged about 20 years, R/o. Modhapara, Raipur,Tahsil and Distt.Raipur. 32) Mohammed Arif Quereshi, S/o. Sheikh Ahmed, aged about 35 years, R/o. Kota, Raipur, Tahsil and District Raipur (C.G.). 33) Sheikh Hamid, S/o. Sheikh Mehboob, aged about 32 years, R/o. Bairan Bazar, Raipur, Tahsil and District Raipur (C.G.). 34) Sheikh Habib Quereshi, S/o. Sheikh Mahboob aged about 24 years, R/o. Byran Bazar, Raipur, Tahsil and District Raipur (C.G.). 35) Abid Hussein, S/o. Mohammed Judda, aged about 45 years, R/o. Pandri Bazar, Raipur, Tahsil and District Raipur (C.G.). /.••• "Y"'. €':i^"^, - \-^ ^^ -^ ^ 36) Zuber Ahmed, S/o.Jaddu, aged about 35 years^ R/o. Maudhapar, Raipur, Tahsil and District Raipur (C.G.), 37) Javed Ahmed, S/o. Jaddu, aged about 32 years, R/o. Raja Talab, Raipur, Tahsil and District Raipur (C.G.). 38) Sheikh Mannan, S/o. Usman, aged about 32 Years, R/o.Pandri Railway Line, Raipur, Tahsil and District Raipur (C.G.). 39) Sheikh Aziz, S/o. Sheikh Chhote, aged about 40 years, R/o. Gudhiyari, Raipur, Tahsil and District Raipur (C.G.). 40) Sheikh Wahid, S/o. Shekih Karim, aged about 50 years, R/o. Telibandha., Raipur, Tahsil and District Raipur (C.G.). 41) Sheikh Kabir, S/o. Usman, aged about 25 years, R/o. Pandri^ Raipur, Tahsil and District Raipur (C.G.). 42) Mohammed Salim Quereshi, S/o.Munir Quereshi, aged about 35 years, R/o. Lodhipara, Raipur, Tahsil and District Raipur (C.G.). 43) Mohammed Bilal Quereshi, S/o. Mohammed Ghulam Nabi, aged about 45 years, Sarani Chauk, Raipur, Tahsil and Distt. Raipur (C.G) 44) Sheikh Baba Jani, S/o. Chhagan Quereshi, aged about 65 years, R/o. Nehru Nagar Chawk, Raipur, Tahsil and Distt.Raipur (C.G) 45) Sheikh Aslam, S/o. Sheikh Qamar Quereshi, aged about 26 years, R/o. New Shastri Market, Byran Bazar, Banstal, Raipur, Tahsil and District Raipur (C.G.). 46 Sheikh Ajju Quereshi, S/o. Sheikh Karim, aged about 35 years, R/o.Gudhiyari, Raipur, Tahsil and District Raipur (C.G.). RESPONDENTS VERSUS 1) Municipal Corporation, Raipur, acting through it commissioner l3 2) StateofChhattisgarh Through Secretary , Department ofUrban Development, Town and Country Planning, Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (C.G.). ^"/\ WRIT PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT / WMTS, ORDER / ORDERS DIRECTION/DIRECTIONS ETC. f^ XI-HC-22 sr^r ^fpn^pT, Sxftw?, f^<ni^y 3TT^T1Qf^E7 wwir^ww 200 f^s < wSsr^r f^^iw^n^r ^*<wfffiCT W^5T?^raT^f^T <t>l<<Id4)'1 HH<!ll ^te^iI^-^K ^^ri^T^an^r 2-8-2005 Shri K. A. Ansari, Sr. Advo^ for the petitioners. Shri B. P. Shcrma, counset foi| Shri Sandeep Dubey, Govt. 46 petitioners who were other it©ms jn the city of questionin9 the Jegafity, propriety ai^ 2004 issued by respondent No.l to stop seliing 9001 meat and oth^ Rdpur. This petition has beeri filed upon them have not been marked order is being passed considerin9 issued to all the petitioners. The case of the petitioners | they wiil become jobiess. It has formation of the Municipal Corpc|i populcstion and area under its Amardeep TQJkies was notified for the exponsion of th©town and are sprecd to different localities were allotted for the purpose. Corporation, m other areas hwe hwe been issued by respondent N{ )cJQte with Smt. AAeera Anscri, Advocate respondents No.l. A^vocate for th€State/respondent hto.2. car^ying on the sale of meat & mutton and Roip^r hwe preferred thi5 writ petition lid correctness of the notice dated 16-2- w^ereby the petitioners hwe been asked ^r items in various ports of the city of t>y 46 persons, but all the notices served in chronological order, therefore, this that the notice dated 16-2-2004 was is that if their business is closed, then further been mentioned that before orpc|ration at Rdipur, which had a iimited csc^ministrQtion, only on© place near the the purpose of selling goat meat. With abr^ormal growth of population, mecit shops a|id even ticences were granted and shops But, after formation of Municipd ^een notified or earmarked nor licences ?,1 for carrying on the business of goat meat. No objection has been r<2ised by residents of th€localiti 11} XI-HC-22 3^ ^i^i^i^, ^Tn<iji<o, i®i^ii<i^< ^n^T^TT f^TT^^ST ^H^)^!^ 3TI^T1^[^ ^l^^ll W<1|Cft ^ 200 f^F^ ^II^T^n^R^f^T settin9 up or runnin9 the shops b^ point of time. The municipal corpj wi+h the phenomenal increose in i selling of meat. It has been prcsyec| be directed to notify the differer^t seilin9 90Qt w^Qt, mutton, fish 0+4 the Muriicipal Corporotion, Act. ©eneralreturn has been fil^ it hos been mentioned 1+iat the pe| goot meat and other items without in contravention of the provision^ Municipal Corporation Act 1956. I hove heard learned counsel Learned counsel for the certajn iicences were granted tc business of goat meat <& mutton city of Roipur and now the petitioners from carrying on theirj city, no additionQl area has been no| business of mutton and other ite^n about 50 years 090 and in that onl^ insufficient ond those shops are been expanded in a vast areci and on the business. Therefore, a the petitioners or their fathers at any ?ration fdled to notify odditional ereas te area nor issued licences required for that notice be quashed and respondents ports of the municipal corporation for under the provisions of Section 255 of sd on behaif of respondent No.l in which ^itioners are carrying on the business of ^iny licence and not at the iincenced ploce of Section 255 of the ChhQttiS9arh <=hMld41v1 ^l*l€<lT^:te^<Rl«K ^3:rf^T3:n^?T artd for th©parties. tetitioners submitted that in the past the petitioners for carrying on the other items in different places in the res^ondent corporation wants to stop the business and with the expansion of the ^ified for the purpse of corrying on the ite^ns. Only JawQhor market WQS notified 20 shops cre there and those shops are at^ne ploce whereas/the city of Raipur has Irom thdt area it is not possible to carry ^irection be issued to the respondent corpor'ation to mtify dddlttahdl area and the petitioners may be <ji^i^^ w XI-HC-22 ^TT^T^T ^icb^n^r S^TT^^rf^T 3^' ^l^lcrt^, ^^^(0, [®ld(^y 3TT^T ^Cfr *1M^1( «)*1icn ^ 200 ^n^T^TRPC^rf?^ -3- appty for the iitence for carrying and respondent corproition may Raipur only one place has been n<\ 4>Hlcr1^fl4 ^l^crTl'ff te^Et <Rit^i< ^^Tf^T^n^T on the business of mutton ond other items be directed to consider the case of the petitioners for grcint of iicence. On the other hand, Shri ^. P. Sharma admitted that in the city of 'tified for the purpose of carrying on the business of meat, mutton <& fish ahd other items Qnd no other area has been notified. He further submitted ^hat since the petitioners are carryin9 on the business on different por^s of the city'jn contrwention of the provisions of Section 255 of th^ Chhdttisgarh Municipal Corporation Act, therefore, respondent No.l is tak^ng action. Having heard learned coun^el for the parties and hwing perused the record, documents and petition, if is admitted position that the petitioners hove not been able to bring on ^ecord thot respondent No.l has granted licence to them in the year 200^ to carry on the business of mutton and other items. It \s also admittec] were gronted permission in the ^ decjared as a capital of the Stat position that in the past these persons 'ears 1988 & 1995 and documents of the same ore filed. It is aiso admitfed position thot city of RQipur has been of Chhattisgarh after formQtion of the State of Chhattisgorh on l-11-2p00 and the city has been expanded in a vast orea; on the one side it is t^uching to the city of Bhild and Dur9 and approximatety the population of i^he city of Raipur is round about 10 lakhs, therefore, it is imperotive and Rdpur, looking to the need of tl^ notifyin9 additional areas for sel ligh time thot the Municipal Corporation, le citizens of Rdpur, should consider for ing meat, mutton, fishand other items in d@r to mcot tho noquircmcnt df the ^ociety 05 alw for mdnjhgtrwrrthe ^l^c^lO^ XI-HC-22 w ^frOT^,f^rray HPWII W*K^ 3T^!?T^T fN15P3?^T Borve gn^T^dTW^^ —/( <bl^<?t<ft-1 W^^N^^?R st?3Tf^TWiRT hygienic condition of the city as p|er the provision of Section 255 of the Chhattisgarh Municipal CorporQtior^ Act in different parts of the city of RaipUp ^o as to cover all the four si^e of the city for supply of the mecit and other itern, fdtina which the persor^s like the petitioners are forced to sale meat, mutton, fish and other items|in residential colonies and other areas contrary to the provisions of the Acf, 1956. of grant of licence to the petitioners, ^f licence for carrying on their business No^^coming to the question the petitioners moy apply for grant in terms of Section 255 of the C^hQttisgarh Municipdl Corpration Act, 1956 within Q period of 15 days to th^ respondent No.l who shall provide the application form for grant of th^ licence to the petitioners and on submrssion of such applicQtions/r^spondent No.l should consider their appliwtions and decide the same ma^cordance with law. Jhe writ petition is disposed of Qccordingly. Porties are entitled for certifi^d copy of this order. \<-< Sd/- L.C. Bhadoo Judge '^^ ^ (4^^^)