K.K.Agrawal, J. - (1.) This writ petition has been filed challenging the validity of the bye-laws framed by the Zila Parishad, Bijnor. These bye-laws regulate collection of catcalls of animals, storing and flaying them for extincting hides and bones etc. They provide, inter alia, that the right to collect cercass of animals, storing and utilising them in rural areas, would be disposed of by auction, and that the higher bidder alone-would have the right to the exclusion of all others. These bye-laws also provide that unless a person obtains a licence from the Zila Parishad, he cannot carry on the aforesaid activities.
(2.) The aforesaid bye-laws were made on the basis of the model bye laws framed by the Government for the guidance of Zila Parishads. The validity of the bye-laws came up for consideration before a single Judge of this Court in Jagat Dhari v. Zila Parishad Pratapgarh, (AIR 1975, All. 135). The single Judge partly allowed the writ petition holding that the latter part of bye-law No. I, which provided that no person could do the work of storing bides, horns and bones unless be bad obtained a contract for doing that work from the Zila Parishad' as also bye-law No.11 were ultra vires the Constitution. The basic ground for quashing the bye-laws was that the aforesaid bye-laws were violative of Article 19(6) of the Constitution and were also beyond the powers conferred by U.P. Ksheitra Samiti and Zila Parishads Act, 1961. Subsequently, a large number of writ petitions came up for hearing before a Bench of this Court in Suraj Pal v. Zila Parishad, Banda (1978 AWC 28), involving the same point. These writ petitions were dismissed and the judgment of the learned single Judge was approved. The Division Bench, however, made it clear that the bye-laws in So far as they provided for licensing of persons engaged in the activities of removing carcess and flaying them were valid. This Division Bench iudgment was followed by this Court in Writ Petition No. 224 of 1979 Taufiq Ahmad v. Zila Parishad, Muzaffarnagar, decided on 3-9-1979. (1981 UPLBEC 322).
(3.) From what we have said above, we find that the bye-law by the Zila Parishads in so far as they provide that the light to collect carcass and to extract hides and bones therefrom within any area of those Zila Parishads shall be auctioned to the highest bidder and that such bidder alone shall have the right to carry on those trades to the exclusion of all others, are invalid.;