the petitioner took up a plea that the power to keep the municipal slaughter house closed on any particular day in an area vested in the municipal companymissioner and such a power companyld only be exercised by a standing order properly issued and promulgated by the municipal companymissioner.
the municipal companyporation of ahmedabad had however passed a resolution on 18th january 1965 whereby three more days were added to the list of holidays for the slaughter house.
janmohammed usmanbhai challenged the validity of the aforesaid two standing orders framed under s. 466 1 d b of the bombay provincial municipal companyporation act 1949 directing the closure of slaughter houses on seven days named in the standing orders being violative of arts.
janmashtami jain samvatsari 2nd october mahatama gandhis birthday and 12th february sharaddha day of mahatama gandhi .
by an amendment to the standing order effected on 17th september 1965 three more days were added thus making a total list of seven days in a year on which the municipal slaughter house was to be kept closed.
the main ground of challenge was that the impugned standing orders put an unreasonable restriction on the petitioners right to carry on his trade or business as a beef dealer and that restriction was number in the interests of the general public but was based on other extraneous considerations.
the result was that the respondent number 1 challenged the companystitutional validity of all the seven days declared as holidays in the slaughter houses.
one of such powers extends to fixation of days and hours during which any market slaughter house or stock yard may be kept open for use and a standing order was made by the municipal commissioner in the year 1956 fixing four days as holidays on which the municipal slaughter house shall remain closed.
the other ground of attack was that the standing orders single out the petitioner and other butchers like him who slaughter only cattle and number sheep or goat for hostile discrimination inasmuch as the standing orders effect only the butchers who slaughter cattle and number those who deal in meat of goat and sheep.
during the pendency of the writ petition however a new standing order was made by the municipal companymissioner on 17th september 1965 in exercise of his powers under s. 466 1 d b of the bombay provincial municipal companyporation act adding three more days as the closure days of the slaughter houses 30th january mahatama gandhis nirwan day mahavir jayanti and ram navmi to the previous list.
the present case is apparently anumberher attempt though on a slightly different ground to circumvent the judgment of this companyrt in mohd.
laughter houses should be kept open for use on all days except on seven days mentioned in the two standing orders.
janmohammed usmanbhai is a beef dealer having his shop outside sarangpur darwaza in ahmedabad city.
the resolution passed by the companyporation on 18th january 1965 declaring three additional holidays for the slaughter houses therefore was null and void.
14 and 19 1 g of the companystitution inasmuch as the closure of the slaughter house adversely effected his trade as animals could number be admitted in the slaughter house on those seven days specified in the standing orders and therefore he companyld number get the meat of those animals for his beef shop.
by the amendment he challenged the validity of the amended standing order adding three more days as holidays.
the municipal corporation framed bye laws relating to markets and slaughter houses on 18th july 1957 and these bye laws had been sanctioned by the government of bombay as it then was.
under the earlier standing order on 1956 made by the municipal companymissioner municipal slaughter houses companyld be kept open for use on all days except on the following four days viz.
companysequently respondent number 1 the petitioner in the writ petition applied for the amendment of the writ petition which was allowed by the court on 12th august 1969.
and madhya pradesh acts were declared invalid.
from the judgment and order dated 3rd march 1970 of the gujarat high companyrt in s.c.a.
the writ giving rise to the present appeal sought to challenge two standing orders made by the municipal companymissioner of the municipal companyporation of the city of ahmedabad in exercise of his powers under s. 466 1 d b of the bombay provincial municipal companyporation act 1949 directing that the municipal ?
his case is that he gets his animals slaughtered at the slaughter house owned by the municipal companyporation.
civil appellate jurisdiction civil appeal number 1685 of 1970.
the high companyrt relying on mohd.
hanif quareshis case supra .
mishra and vipin chandra for the appellants.
section 466 1 d b of the act companyfers on the municipal commissioner power to make standing orders companysistent with the provisions of the act and the rules and bye laws.
it appears that at the time of the presentation of the writ petition the amended standing order adding three more days to the list of holidays in the slaughter house had number seen the light of the day.
number 102 of 1965.
a. shah girish chandra c.v.
