Devendra Pal Singh Chauhan, J. - (1.) BY means of the present writ petition the petitioners have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking, in main, the relief for issuance of - - (a) A writ in the nature of certiorari quashing the condition imposed on the licence issued to them by, the Zila Parishad Etawah, in form 25 (Annexure 1 to the Writ Petition) (which only relates to Gulam Rasool, petitioner No. 1). (b) a writ in the nature of mandamus commanding the respondents to issue the licence in accordance with Section 3 of the U.P. Prevention of Cow Slaughter Act, 1955 (U.P. Act No. 1 of 1956) (hereinafter to be referred to as the Act) and not to prohibit the petitioners from doing the said business, and also for a direction for commanding them to observe the, Government directions contained in the Government order, (No Government order has been filed with the petition and no details of any such Government order have been given). The petitioners have set up the facts that they are batchers and are residents of village Khanpor, Tehsil Auraiya, District Etawah where they carry on their business of slaughtering animals after obtaining due licence from the competent authority since the time of their ancestors, which is their fundamental right, and the only source of livelihood They slaughter bull and bullocks in accordance with the provisions of sub -section (3) of Section 3 of the Act after obtaining licence from the respondent No. 3 (prescribed authority under the Act). After the constitution of the Zila Parishad, Etawah (for brevity hereinafter referred to as Zila Parishad) under the provisions of the U.P. Kshettra Samitis and Zila Parishada Adhiniyam, 1961 (hereinafter referred to as the Zila Parishad Act) the Respondent No. 3 issued licences from time to time to the persons who desired to obtain the same for running slaughter house for slaughtering purposes on their depositing requisite licence fee. The last licence, which is the subject -matter of dispute in the present writ petition, was issued in favour of petitioner No. 1, Gulam Rasool, vide Annexure 1 to the writ petition on 24 -5 -1989 for the period ending on 31 -3 -1990. The licence so issued contained endorsement at the top to the effect: - -
(2.) A counter affidavit has been filed on behalf of the Zila Parishad (respondent No. 1) and the Licensing Authority, Zila Parishad, (respondent No. 2) denying the averments as made in the petition and setting up the case that the bye laws of the Zila Parishad only regulate the running of the slaughter house in the rural areas but the Act has placed ban on the slaughter of cow and its progeny unless the competent authority, under the Act, has granted a certificate in writing for slaughter of bull or bullocks certifying that it is fit for slaughter. In the present case, the endorsement in question was made with a view to prevent the abuse of the licence. It has further been stated that this, condition does act come in the way of the petitioners and they are free to apply before the District Magistrate for permission to slaughter cow and its progeny, who is the competent authority, under the Act, for granting the licence. It has further been stated that the Zila Parishad has made it clear to the officials, and also to the petitioners that no slaughter of cows and its progeny can be done without obtaining permission and licence from the District Magistrate under the Act and in the present case, the petitioners have not even approached the competent authority in the matter. We have seen the record of the case and also heard the arguments of the learned counsel for the petitioners and the respondents.
(3.) IN the present case, no counter affidavit has been filed on behalf of the respondent No. 3 and 4.;