ORDER
I. S. Mathur, J.
1. The petitioner, who is Qureshi by caste and who carries on the business of slaughtering the animal etc., is aggrieved by the failure of the opposite parties to renew his licence for slaughter of animals. The licence appears to have been not renewed in view of the provisions contained in bye-laws 1(b) and bye-law No. 6 of the bye-lawsframed under S. 239 of the Zila Panshad and Kshetra Samiti Adhiniyam, 1961 (Annexure-1 to the petition), hereinafter referred to as bye-laws. The petitioner claims a writ in the nature of certiorari quashing the aforesaid bye-laws. He also claims for a writ in the nature of mandamus directing the opposite parties to renew the petitioner's licence.
2. The petitioner was granted licence for slaughtering animal. The licence was renewed from time to time. The last renewal was for the period ending 31-7-1987. He applied for renewal of the licence thereafter but the same has not been done. According to the petitioner, the opposite parties have not renewed the licence in view of the bye-laws 1 c and 6 of the aforesaid bye-laws. During arguments, learned counsel for the petitioner submitted that the petitioner challenges Cl. M+ of bye-law No. 6 and Cl. c of bye-law 1 only and the challenge is only to the extent the said bye-laws prohibit slaughter of bulls and bullocks, the buffaloes and she-buffaloes. The said bye-laws, as amended by Notification dated 28-3-1989, read asunder: --
^^c c/k fd;s tkus okysi'kqvksa eas cdjk] cdjh HksM+] HksM+k] lqvkj ,oa muds ca'kt ls gS A blds vfrfjDrvU; i'kqvks dk c/k oftZr gS A**
^^6M+ ykblsUlnkj dks izR;sd c/k fd;s tkusokys lHkh i'kqvkssa ds fy;s ftudk mYys[k /kkjk c esa gS LokL; ijh{k.kosVfu;jh Mk- ;k mlds }kjk vf/kdkj izkIr ifj'kn ds vU; vDlj dh vkKk ls djkukvfuok;Z gksxk A**
According to the petitioner, he has a fundamental right to carry on the business of slaughtering of bulls and bullocks, buffaloes and she-buffalow and this cannot be absolutely prohibited as has been done by bye-laws 1c and M+. It is alleged that these provisions are violative of Art. 19(1)(g) of the Constitution of India. It is further alleged that this bye-law is against the provisions of U.P. Prevention of Cow Slaughter Act also and that the discretion given under the said bye-laws is arbitrary.
3. We have heard learned counsel for the petitioner and learned standing counsel. Learned counsel for the petitioner has rightlycontended that so far as buffalo, she-buffalobulls and bullocks are concerned, the petitioner has a fundamental right to carry on business in regard thereto and the only right that the concerned authority may have is to regulate that business in accordance with Art. 19(6) and not prohibit the petitioner from carrying on this business. It has been so laid down by the Hon'ble Supreme Court in Mohd. Hanif Quareshi v. State of Bihar, AIR 1958 SC 731. In this case, the vires of S. 3 of the U.P. Prevention of Cow Slaughter Act, 1955 (U.P. Act 1 of 1956) were challenged on the ground that the provision contained in S. 3 of the Act was violative of Art. 19 of the Constitution. In S.3, as it stood before the amendment made by U.P. Act 33 of 1958, bull, bullocks were included within the definition of 'cow' and, accordingly, there stood absolute prohibition in respect of slaughter of bull and bullock also. The Supreme Court held that the provisions of the U.P. Prevention of Cow Slaughter Act, in so far as they relate to bulls and bullocks, are unconstitutional while the remaining provision relating to prohibition against the slaughter of cows was valid and constitutional. In Nisar Ahmad v. District Magistrate Writ Petition No. 13695 of 1993, decided on 2-11-1993, a Division Bench of this Court has held that there can be no prohibition against slaughtering of buffaloes.
4. As a consequence of the judgment of Hon'ble Supreme Court in M.H. Quareshi case, the U.P. Prevention of Cow Slaughter Act, 1955 was amended by U.P. Act No. 33 of 1958. By this amendment, the word 'bull', bullock', contained in Cl. (b) of S. 2 were deleted and S. 3 was substituted which now reads as follows :--
'3. Prohibition of cow slaughter.--(1) Except as hereinafter provided, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter.
(a) a cow, or
(b) a bull or bullock, unless he has obtain-ed in respect thereof a certificate in writing, from the competent authority of. the area in which the bull or bullock is to be slaughtered, certifying that it is fit for slaughter, in any place in Uttar Pradesh; anything contained in any other law for the time being in force or an usage or custom to the contrary notwithstanding.
(2) No bull or bullock, in respect of which a certificate has been issued under sub-section (1)(b) shall be slaughered at any place other than the place indicated in the certificate.
(3) (6).....'
The plain reading of S. 3 of U.P. Act 1956 leaves no manner of doubt that, according to the said provision, there could be complete prohibition against slaughtering of cow only and there could be no such prohibition against the slaughtering of buffalo, she-buffalo, bull and bullock. The only obligation that the concerned person will have, in respect of bull and bulluck, is to obtain, in respect thereof, a certificate in writing from the competent authority of the area in which the bull or bullock is to be slaughtered, certifying that it is fit for slaughter, it has been so provided in Cl. (b) of sub-sec. (1) of S. 3 of the Act(l of 1956). It has been further provided in the said S. 3 that 'anything contained' in any other law for the time being in force or an usage or custom to the contrary notwithstanding', the provisions of this section will apply. No bye-law which is inconsistent with these provisions can survive or be held to be valid,
5. It is also evident from the decision of Hon'ble Supreme Court in M.H. Quareshi case that the trade or business of slaughtering of bulls, bullocks, buffaloes and she-buffaloes is a fundamental right. Accordingly, any law or bye-law made by any authority completing prohibiting this right will be violative of Art. 19 of the Constitution of India.
6. The matter relating to such a provision came for consideration in a number of cases before this Court. In Fazal v. District Magistrate, Jalaun in Capacity of Administrator Nagar Palika, Konch, District Jalaun, 1985 UPLBEC 146 ; (1985 All LJ 480) bye-law No. I defined animal and, in this definition, 'bullock' was included. However, by notification dated 18-11-1949, this bye-law was amended and the word 'bullock' was deleted from it. In spite of such deletion, the opposite parties did not renew the licence of the petitioner. The petition was allowed. The order of the District Magistrate passed in his capacity as Administrator of Nagar Palika in regard to the slaughter of unserviceable bullocks by the petitioner was quashed and it was directed that the respondents shall not interfere with the right of the petitioner to slaughter and sell unserviceable bullocks within the limits of the Nagar Palika, Konch on the basis of the impugned order dated 23rd April, 1984. It was further directed that the Pashudhan Vikas Adhikari shall consider and dispose of the application, if and when made by the petitioner, for the grant of the certificate in accordance with law and in the light of the observations made above.
7. In Mohd. Niam v. Upper Mukhya Adhikari, Zilla Parishad, Sitapur, 1992 LLJ 354, the petitioner challenged the orders dated 9-7-199!, 19-7-1991 and 29-7-1991 completely banning the slaughter of bulls and bullocks. The concerned authorities refused to give certificate in regard to the slaughter of bull and bullock also on the ground they belong to the species of cow. A Division Bench of this Court held that such a direction or refusal to give licence, merely on the ground of the animal being bull or bullock, was violative of Art. 19(1)(g) of the Constitution and was also against the provisions of S. 3 of the U.P. Prevention of Cow Slaughter Act. The Division Bench, accordingly, quashed the orders and the concerned opposite party was directed not to refuse certificate only on the ground that animal produced by him is bull or bullock if the animal satisfies the condition of said sub-section and the bye-laws.
8. In the present case, bye-law 1 c completely prohibits the slaughter of animals which include bulls, bullocks, buffaloes and she-buffaloes also. This is clearly violative of Art. 19 of the Constitution as also of S. 3 of the U.P. Act (1 of 1956). Accordingly, thisbye-law 1c will have to be struck down.
9. Bye-law 6 c, extracted above, by itself, may not be violative of any of these provisions as it is, in effect, regulatory. However, since reference in this bye-law 6(d) is to bye-law 1c and the entire provision is with reference to bye-law 1c, which has been found to be illegal, this provision will also have to be struck down.
10. The petitioner has challenged the order dated 1-8-1992 also refusingissuance of licence to the petitioner on the ground that licence for slaughtering buffalo and she-buffalo could not be granted in view of the provisions of the bye-laws as amended by notification dated May 13, 1989. The order is patently illegal for the simple reason that the concerned bye-law itself has been found to be illegal and is liable to be struck down.
11. The petition is accordingly allowed. The bye-laws 1c and 6 M+ of the bye-laws framed by the Zilla Parishad, Gonda under S.239, Zilla Parishad & Kshetra Samiti Adhiniyam, 1961 notified vide No. 1045/21-69(72-73)-2 dated July 17, 1973, as amended by notification No. 560/2l-3-(88-89)-4, dated 28th March, 1989, are held to be illegal and are, accordingly, struck down. The order dated 1-8-1992, refusing issuance of licence to the petitioner for slaughter of buffaloes and she-buffaloes etc. is quashed. The opposite parties are directed to renew the licence of the petitioner, within a period pf two weeks from the date a certified copy of this order is produced before them, in accordance with law, if the petitioner complies with other requirements, and shall not refuse such a renewal merely on the ground that the licence is required for, slaughter of bulls and bullocks or buffaloes and she- buff aloes.
12. In the circumstances of the case, the parties shall bear their own costs.
13. Petition allowed.