Harish Tandon, J. - (1.) The present writ petition is filed challenging the order of the Chief Municipal Health Officer, Kolkata Municipal Corporation dated 1st December, 2016 by which a permit was issued to the petitioner for slaughtering fifteen buffaloes in a day for the year 2016-2017 in the abattoir set up by the Kolkata Municipal Corporation.
(2.) This is the third round of litigation before this Court. The first writ petition being WP 27729(W) of 2014 was filed by the petitioner as the KMC (Kolkata Municipal Corporation) did not renew the permit / license, earlier granted for slaughtering 200 buffaloes per day. By an order dated 18th November, 2014 the said writ petition was disposed of directing the KMC to dispose of the application upon passing a reasoned order. The Joint Municipal Commissioner (D.N.G), Kolkata rejected the said application thereby refusing to renew the license to slaughter buffalo in the new modern abattoir established by the Corporation. The said order was further challenged by the petitioner in WP 4091(W) of 2015 before this Court.
(3.) A plea was taken before this Court that the Corporation is denuded of power to grant export license to anybody. It was further contended therein that neither Kolkata Municipal Corporation Act, 1980 nor the Rules framed thereunder empowers the Kolkata Municipal Corporation to restrict the use of the end products after slaughtering and therefore permitting a party to use the modern abattoir for slaughtering major number of the buffaloes and restricting the remaining capacity amongst the other persons including the petitioners are violative of Article 19(1)(g) of the Constitution of India.;