K.N. Singh, J. - (1.) This is a petition under Article 226 of the Constitution challenging constitutional validity of the bye-laws framed by the Town Area Committee Pokhrayan in the district of Kanpur.
(2.) The Town Area Committee Pokhrayan, respondent No. 2, framed bye-laws under Sec. 30 (a) (2) of the U.P. Town Areas Act read with Sec. 298 of the U.P. Municipalities Act for the purpose of promoting and maintaining health, safety and convenience of the inhabitants of the town area. The impugned bye-laws are directed to regulate the sale and purchase of cattles in the Mela or Bazar within limits of the Town Area Pokhrayan, which were enforced with effect from 29th of July, 1967. A copy of the bye-laws has been filed as Annexure Rs.5' to the writ petition. The bye-laws require registration of cattles which are brought to the market for sale. A registration fee has also been prescribed. Clause 14 of the.bye-laws reads as under : "No person or institution recognised or unrecognised shall hold any market or fair for the sale of cattles within the town area limits or within two miles of the town area limits and no registration of cattle shall be done by any person. Any breach or violation of the bye-laws by any person or institution shall be punishable under of the U.P. Town Areas Act." The bye-laws further provide that in case of violation of any of the bye-laws a fine of Rs. 500/- may be imposed. The title of the bye-laws shows that these were directed to regulate and control the holding of the cattle fair or Mela for the purchase and sale of the cattles within the limits of the town area, but clause 14 imposes an absolute bar against the holding of any such fair or Bazar by any other person or institution except the Town Area Committee itself. No provision has been made in the bye-laws for the grant of licence to any person or institution for carrying on of the trade and business of holding fair or market for the sale and purchase of cattles. The petitioner has assailed the validity of the bye-laws on the ground that it imposes an unreasonable restriction on the petitioner's right to hold cattle fair and to carry on trade and business in the sale and purchase of cattle. The bye-laws have further been assailed on the ground that the bye-laws so framed are in excess of the authority conferred upon the Town Area Committee by the U.P. Town Areas Act and the U.P. Municipalities Act.
(3.) The petitioner is the Manager of Gram Udyog Intermediate College, Pokhrayan, an institution which carries on teaching and imparting of knowledge in agriculture, rural crafts and industries to students in the district of Kanpur. In the year 1953, certain land including plots Nos. 763 and 768 were acquired by the College for its own use under Land Acquisition Act. Since then, the petitioner has been holding a cattle fair on plot No. 768 which is situate within the limits of the Town Area Pokhrayan. A Veterinary Hospital has been set up near the said plot and the students of the petitioner's college go there for practical training in connection with the cattle diseases. After the abolition of zamindari within the Town Area Pokhrayan, the Town Area Committee claimed that the right to hold cattle fair on plot No. 768 vested in the Town Area Committee. Hence, the petitioner was not entitled to hold or carry on the said fair. The Town Area Committee brought the matter before the Sub-Divisional Magistrate, who held that the right to carry on cattle fair on plot No. 768 did not vest in the Town Area Committee as the cattle fair was held on Bhumidhari land of the petitioner and the Town Area Committee had no right to interfere with the petitioner's right. The Town Area Committee thereafter framed the impugned bye-laws known as the "Mela Tatha Bazar Men Janwaron Ka Kraya Vikraya, Niyantrikaran U.P. Niyam." The provisions of clause 14 of the bye-laws quoted above absolutely prohibit any person or society to carry on profession of holding a cattle fair (market) within the limits of the Town Area of Pokhrayan or within two miles thereof. After the enforcement of the bye-laws the respondent Town Area Committee, insisted that the petitioner was not entitled to hold cattle fair. The petitioner, however, continued to hold the cattle fair. The Town Area Committee thereupon launched prosecution against the petitioner. Consequently, a complaint was filed by the Administrator of the Town Area Committee, Pokhrayan against the petitioner for violation of clause 14 of the impugned bye-laws. A criminal case has been registered against the petitioner which is pending trial before Sub-Divisional Magistrate, Akbarpur. The petitioner made an application before the Sub-Divisional Magistrate questioning the validity of the bye-laws, with a prayer that the matter be referred to the High Court, as substantial question of law relating to the interpretation of Article 19 (1) (g) of the Constitution was involved. The Sub-Divisional Magistrate did not pass any order on that application. The petitioner thereafter filed the present writ petition under Articles 226 and 228 of the Constitution assailing the validity of the said bye-laws and the prosecution launched against him by the Town Area Committee, Pokhrayan.;