JUDGMENT 1. - The petitioner is a resident of Beawar town District Ajmer. He claims that his livelihood is exclusively based on the earnings from buffalo meat shops, like other persons who are engaged in this business. The Municipal Council, Beawar, at one point of time, was adamant in not granting licencees to sell buffalo meat at the shops in Beawar, as such, the petitioner and other persons who are engaged in the business buffalo meat, filed writ petitions. The number of the writ petition filed by the petitioner was D.B. Civil Writ Petition No. 501/87. The said writ petition was allowed by this Court on January 21, 1989 vide judgment Annex.-1. In the said judgment, this Court directed the respondents including the Municipal Council, Beawar, to issue licence to the petitioner and other similarly circumstanced persons for butchering and selling of buffalo meat. It was further directed that the respondents shall approve suitable situation of shops on reasonable terms and conditions where the petitioners may sell the buffalo meat. 2. In the present writ petition, the petitioner has prayed to issue a writ of mandamous or any other writ, order or direction directing the non-petitioner to construct and maintain a slaughter house for slaughtering buffaloes at Beawar or to specify any other place separate from the slaughter house at Chhawni road, which is a slaughter house of goats and sheep. 3. The petitioner's case further is that after the aforesaid judgment of this Court, the respondent-Municipal Council, Beawar has issued licences and a letter dated May 26, 1989 (Annex.-3) mentioning therein that till another place is specified for slaughtering buffaloes, holder of licences No. 123 to 131, including the petitioner, can sell the buffalo meat at slaughter house constructed by the Municipal Council at Chhawni Road, outside Railway crossing and it was further directed that the licencees shall not slaughter the animals at any other place. According to the petitioner the slaughter house at Chhawni Road is a slaughter house for goats and sheep and the petitioner and other licencees, dealing in buffalo meat, are not allowed to slaughter buffaloes in the aforesaid slaughter house on the ground that in case the buffaloes are slaughtered there, customers of goat-sheep meat shall refuse to purchase the meat from their shops under the suspicion of buffaloes meat being mixed in it.
According to the petitioner, the said slaughter house is a small one and does not fulfill the need of slaughtering for animals like buffaloes. 4. It is further contended by the learned counsel for the petitioner that the Municipal Council, Beawar has been requested by the petitioner and other licensees to construct a separate slaughter house for buffaloes, but inspite of the repeated verbal assurances, the said requirement has not been fulfilled as yet. According to the petitioner, it is the duty of the respondents to construct and maintain a slaughter house for licencees who run the meat shops. 5. Section 98 of the Municipalities Act, 1959 cast a duty on the Municipal Board/Council to make reasonable provision for constructing and maintaining slaughter house. 6. According to the petitioner, when he is a licencee to run buffalo meat shop like other licencees, then it is mandatory for the respondents to provide a slaughter house for slaughtering buffaloes. 7. It is further contended by the learned counsel for the petitioner that a buffalo cannot be slaughtered by the petitioner at a place not provided by the Municipal Council for slaughtering the same and he may be prosecuted and punished under section 235 and 236 of the Municipalities Act in case a buffalo is slaughtered at any other place. 8. It is further argued that the State Government has authorised all the Collectors with their respective districts to sanction the establishment of slaughter houses vide Notification No.F. 4 (34) LSG/A/59(V) dated 13.11.1959 published in Rajasthan Gazette dated 13.11.1959. It was further argued by the learned counsel for the petitioner that not providing any slaughter house or specifying any place for slaughtering the buffaloes to the petitioner to run his shop under the licence is to deprive him from his livelihood and the same is violative of Article 19 of the Constitution of India. 9. Mr. Mehta, learned counsel for the Municipal Council has submitted that the Municipal Council is willing to construct a separate slaughter house for slaughtering buffaloes and in this connection, all efforts are being made for the allotment of a land from the Collector. He further submits that the Collector has been requested in writing by the Municipal Council to provide a suitable place for providing a separate slaughter house for buffaloes.
He further submits that the Collector has been requested in writing by the Municipal Council to provide a suitable place for providing a separate slaughter house for buffaloes. The learned counsel further submits that within three months, they will provide a separate place and if possible, a separate slaughter house for slaughtering buffaloes and he has no objection if a direction is given by this Court provided the Collector, Ajmer provides a suitable place. 10. In view of the aforesaid statement made by the learned counsel for the Municipal Council, it is not necessary for me to further discuss the matter and the petition may be disposed of accordingly. 11. Consequently, the petition is allowed and the respondents are directed to construct a separate place for slaughtering buffaloes in the town of Beawar or to specify any other place for slaughtering buffaloes which should be separate from the slaughter house at Chhawni road which is meant for slaughtering of goats and sheep within a period of three months from today. The Collector, Ajmer is also directed to provide all sort of assistance to the Municipal Council, Beawar in this connection as the State Government has authorised all the Collect of with their respective districts to sanction the establishment of slaughter house vide Notification No.F. 4(34)/LSG/A/59(V) dated 13.11.1959. Cost of this writ petition is made easy.Writ Petition allowed. *******