JUDGMENT 1. By this petition filed under Article 226 of the Constitution, the petitioners have prayed for quashing of order dated 15.6.2015 passed by respondent no.3-Sub Divisional Magistrate, Rawatsar District Hanumangarh, whereby he has directed for closure of their illegal trade of lactating animals in the garb of running animal husbandry and dairy production. 2. The petitioners claim themselves to be the owners of certain agricultural lands, which on their request, were converted for industrial purposes. Later, on further request of petitioners, these lands were converted for commercial purposes viz. animal husbandry and dairy production. According to the petitioners, on their converted lands, they have been carrying out the business of animal husbandry and dairy production such as milk and ghee and about other fifteen farmers in dairy business have also been selling and purchasing lactating animals from their premises every Wednesday. The grievance of the petitioners is that on a false complaint made by respondent no.5 that they were using their premises for holding weekly cattle fair for illicit trade of animals and subjected animals with cruelty for profits, the Sub Divisional Magistrate by the impugned order has directed for closure of their premises. 3. The respondents no.1 to 5 in their reply have defended their action against the petitioners. According to them, the petitioners were indulging into illicit trade of bovine animals from their premises in question by holding weekly fair. The respondents have further submitted that petitioners have been subjecting animals with cruelty by using different means for profits. According to the respondents, petitioners have been encouraging sale of such animals for slaughtering to traders coming from outside, which was causing communal tension in the locality. The respondents have lastly submitted that action has been taken against the petitioners in compliance of order dated 4.5.2015 passed by a Division Bench of this High Court in D.B.Civil Writ Petition (PIL) No.2009/2014, wherein directions have been issued for strict enforcement of Prevention of Cruelty to Animals Act, 1960, Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 and to immediately stop holding of illegal cattle fairs. Similar is the return filed by respondent no.5. 4.
Similar is the return filed by respondent no.5. 4. Admittedly, on a complaint received against the petitioners that they were holding cattle fair illegally in their premises, the Sub Divisional Magistrate issued a show cause notice to them and the petitioners in their reply Annexure-8 admitted that on every Wednesday about 15 farmers doing dairy business also sold and purchased lactating animals from their premises.The petitioners have no permission for organising market of such sale and purchase of animals in their premises. Thus, the petitioners admitted that their premises in question was being used for illicit trade of animals every Wednesday. Not only this, the petitioners did not produce any material whatsoever before the Sub Divisional Magistrate nor before us to show that they have been carrying out the business of animal husbandry and dairy production, such as milk and ghee. Apparently, the petitioners have been using the premises for illegal cattle fair for profits in the garb of business of animal husbandry and dairy production. 5. In D.B.Civil Writ Petition (PIL) No.2009/2014, a Division Bench of this Court vide order dated 4.5.2015 apart from issuing various directions, has also directed in para 14 as under:- "14. We hereby direct that no cattle fair will be held unless and until the State Government is satisfied regarding the need of the cattle in a particular area and the maximum number of cattle which can be sold in a particular cattle fair. This will also apply to all categories of animals including bovine cattle. We also direct that the organisation of the cattle fairs will be controlled and regulated by the State Government through the Sub-Divisional Officer, who is notified Cattle Officer or the Panchayats, who have direct control. They will not be subservient to the contractors. The Panchayats will continue to control the cattle fairs and for protection and welfare of the cattle including bovine animals, it will be open for them to make complaints, if any contractor or person violates the provisions of the aforesaid Acts and the Rules." 6.
They will not be subservient to the contractors. The Panchayats will continue to control the cattle fairs and for protection and welfare of the cattle including bovine animals, it will be open for them to make complaints, if any contractor or person violates the provisions of the aforesaid Acts and the Rules." 6. Having regard to the admission of petitioners that their premises was being used for holding weekly cattle fair (every Wednesday) and the same being contrary to the directions of this Court as well as the provisions of Rajasthan State Cattle Fairs Act, 1963 and also considering the fact that they have failed to produce any material to show that they have been carrying out the business of animal husbandry and dairy production, we are of the considered view that action taken by the Sub Divisional Magistrate against them is just and proper. 7. The petition has no merit and is accordingly dismissed.Writ Petition Dismissed. *******