Sudhansu Sekhar Ganguly, J. - (1.) This appeal has been preferred against the order passed on 27.3.87 disposing of finally the Matter No. 1369 of 1986. The matter arose out of a petition under Article 226 of the Constitution filed by Dwarika Rai & three others who happen to be the respondent-petitioner Nos. 1 to 4 in this appeal.
(2.) Admittedly thirty eight heads of cattle not licensed under the provisions of the W.B. Cattle Licensing Act, 1959 as amended by the W. B. Cattle Licensing (Amendment) Act, 1984 were seized on 2.8.86 under the provisions of section 3 of the said Act as they were found inside the Calcutta Municipal Corporation area which has been declared as a prohibited area under section 9(1) of the said Act. It is not very material whether the seizure was made near the railway siding near the Bengal Pottery as claimed by the respondent-petitioner or from a khatal situated at 25A, Radhanath Choudhury Road under Entally Police Station as asserted by the State-appellant, since both the places are situated-within the prohibited area of the Calcutta Municipal Corporation area. Be that as it may, it appears that since sometime after their seizure the seized cattle have been kept at the cattle Re-settling project area at Ganganagar within the district of 24-Parganas.
(3.) On 18.8.86 the respondent-petitioner Nos. 1 to 4 filed an application under Article 226 of the Constitution, whereby they challenged the vires of the W. B. Cattle licensing (Amendment) Act, 1984 (W.B. Act, XXXVI of 1984) and particularly section 4 of the said Act which has replaced the section 11 of the Principal Act with a new section and they challenged also the application of the said Act. An order of injunction was also sought for restraining the State-appellant from giving effect to the provisions of the said. Act and interfering with the respondent-petitioner right to carry on milk trade within the Calcutta Municipal Corporation area. A prayer was also made for an interim order directing the State-appellants to return the aforementioned thirty eight heads of seized cattle to the respondents-petitioner Nos. 1 to 4.;