Bombay High Court
Mohd. Shoaib S/O Shaikh Vajir ... vs The State Of Maharashtra, Through ... on 6 December, 2017
Bench: Z.A. Haq
1 wp132.2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No. 132/2017
1] Mohd. Shoaib S/o Shaikh Vajir Qureshi,
A minor through his natural guardian
Father Shri Shaikh Vajir S/o Shaikh
Ibrahim Qureshi,
Aged about 52 years, Occ. Business,
Proprietor of AL WAAFI AGRO FOODS,
C/o Police Trap, Khamgaon- Akola
Bypass, Balapur, Tahsil Balapur,
Dist. Akola - 444 302 ..... PETITIONER
...V E R S U S...
1] The State of Maharashtra,
Through its Secretary,
Town Planning Department,
Mantralaya, Mumbai 400 032
2] The Director,
Town Planning, Maharashtra
State, Central Office,
Ground Floor, Pune, Tahsil,
and Dist. Pune
3] The Municipal Council,
Balapur,
Through its Chief Officer,
Balapur, Tahsil Balapur,
Dist. Akola
... RESPONDENTS
=====================================
Shri S.P. Bhandarkar, Advocate for the petitioner
Shri N.R. Patil, AGP for the respondent nos. 1 and 2
Shri S.D. Chopde, Advocate for the respondent no. 3
=====================================
CORAM:- Z.A. HAQ,J.
DATED :- 6 December, 2017
th
::: Uploaded on - 13/12/2017 ::: Downloaded on - 14/12/2017 00:50:39 :::
2 wp132.2017.odt
ORAL JUDGMENT :-
Heard.
Rule. Rule made returnable forthwith.
2] The petitioner has challenged the order passed by the Chief
Officer, Municipal Council rejecting his application for conducting his
business of preservation of meat, canning, processing of meat and
similar foods like fruits and vegetables. The petitioner has also
challenged the order passed by the respondent no. 2-Director by which
the appeal filed by the petitioner is dismissed.
3] On examining the impugned order, I find that the
authorities have misdirected themselves while considering the
application submitted by the petitioner and have rejected it under the
misconception that the petitioner is seeking permission for constructing
a slaughter house and the site selected by the petitioner is in residential
locality and therefore the operation of the slaughter house in that area
cannot be permitted.
At the time of hearing, the learned AGP and the learned
advocate for the Municipal Council tried to justify the orders urging that
the processing of meat is not possible unless the activity is conducted in
a slaughter house. The impugned orders do not show that the
::: Uploaded on - 13/12/2017 ::: Downloaded on - 14/12/2017 00:50:39 :::
3 wp132.2017.odt
Subordinate authorities have undertaken the exercise to examine
whether the canning and processing of meat is not possible unless the
activity is conducted in a slaughter house. It is argued that for canning
and processing of meat, deboning is required and that activity will have
to be conducted in a slaughter house. The submissions made by the
learned AGP and the learned advocate for the respondent no. 3-
Municipal Council cannot be accepted as this reasoning is not recorded
in the impugned orders. As the impugned orders are passed without
considering the relevant aspects and without granting an opportunity to
the petitioner to putforth his case, they are required to be set aside.
Hence, the following order is passed:-
O R D E R
1] The impugned orders are set aside.
2] The matter is remitted to the Chief Officer,
Municipal Council, Balapur for considering the
application submitted by the petitioner afresh.
3] The Chief Officer, Municipal Council,
Balapur shall take decision in the matter after granting
4 wp132.2017.odt
an opportunity to the petitioner to putforth his case and
after hearing the petitioner. The decision shall be taken
till 15/01/2018.
4] The petitioner shall appear before the Chief
Officer, Municipal Council, Balapur on 05/01/2018 and
abide by further instructions/orders in the matter.
Rule is made absolute in the above terms. In the
circumstances, the parties to bear their own costs.
JUDGE
A n s a r i
