SHAFFIULLAH Vs. STATE OF U.P.AND OTHERS
LAWS(ALL)-1999-10-126
HIGH COURT OF ALLAHABAD
Decided on October 28,1999

Shaffiullah Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

D.S.SINHA,J. - (1.) HEARD Shri Amar Saran, the learned counsel appearing for the petitioner, and Shri Vinay Malviya, the learned Standing Counsel of the State of U.P. representing the respondents.
(2.) THE petitioner asserts that he belongs to the backward community of quareshis and carries on the business of transport of the flesh of old and unservice­able bulls and bullocks that are eligible for slaughter under the provisions of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, hereinafter called the "Act", from District Etawah to other places like Delhi and Bombay. Further assertion of the petitioner is that he also purchases the flesh of those buffaloes and of old and unserviceable bul­locks, which are over 15 years in age, or permanently unfit and unserviceable for the purpose of draught or any kind of agricultural operation and in respect of which the concerned butchers who are licensed to slaughter the animals at public slaughter houses, and have actually slaughtered the animals after obtaining certificate in Form "B", prescribed under the Uttar Pradesh Govadh Nivaran Niyamavali, 1964, hereinafter called the "Rules", made under the Act, from the respondent No. 3, namely, the Pashu Chikitsa Adhikari, the competent authority designated under Section 2 (cc), as envisaged in Section 3, of the Act.
(3.) THE grievance of the petitioner is that whenever he tries to transport the aforesaid meat to outside places like Delhi or Bombay from where the meat is ex­ported, the authorities illegally insist and demand production of a licence for transport of the flesh in question. Hence, this petition.;


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