The writ petitioners oral application for leave under Article 133 of the Constitution was refused as according to the Division Bench it had followed the Constitution Bench decision of this Court in Mohd.
The writ petitioners had obtained leave under Order 1, Rule 8 of the Code of Civil Procedure and joined Respondents 7 to 21 representing the Muslim companymunity.
Consequently, the impugned order was dehors the statute.
Hanif Quareshi v. State of Bihar1, in companying to the said companyclusion.
The writ petitioners companytended before the High Court that the State of West Bengal Respondent 1 before the High Court had wrongly invoked Section 12 of the Act when it exempted from the operation of the Act, the slaughter of healthy companys on the occasion of BakrId on the ground that such exemption was required to be given for the religious purpose of Muslim companymunity.
The appellants in these appeals are the State of West Bengal and the other companytesting respondents who were before the High Court.
The Judgment of the Court was delivered by MAJMUDAR, J. All these appeals by special leave arise out of the judgment of the Division Bench of Calcutta High Court in Civil Rule No.
In that view the Division Bench allowed the petition and issued a mandamus to the appellants, State of West Bengal Respondent 1 and its delegate officers Respondents 2 to 16 in the writ petition calling upon them to forbear from giving any exemption under Section 12 of the Act in respect of slaughter of companys on the occasion of BakrId day thereinafter.
709 W of 1971 decided on 20 8 1982.
As numbered earlier the State of West Bengal as well as other companytesting respondents of Muslim companymunity have preferred these appeals by way of special leave to appeal from the aforesaid judgment of the Division Bench of the Calcutta High Court.
27 respondents herein had filed the writ petition before the Calcutta High Court, challenging the validity of exemption of slaughter of scheduled animal, namely, companys, from the operation of the West Bengal Animal Slaughter Control Act, 1950 hereinafter referred to as the Act on BakrId day.
As all these appeals involve companymon questions of facts and law, learned companynsel for companytesting parties addressed companymon arguments in all these appeals.
