JUDGEMENT
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(1.) Feeling aggrieved against alleged abrupt sealing of the business premises of the petitioners vide Annexure P-1, wherefrom they were selling meat, petitioners have approached this Court by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for quashing the impugned order 25.6.2015 (Annexure P-1).
(2.) Notice of motion was issued and in compliance thereof, written statement on behalf of respondent No.3 was filed. Thereafter, affidavit dated 15.2.2016 was also filed on behalf of respondent No.2.
(3.) When the case came up for hearing on 16.2.2016, following order was passed by this Court.
"An affidavit has been filed by respondent No.2 indicating that a site has been chosen to set up a modern abattoir for slaughtering animals in a controlled and scientific manner and to adhere to the pollution norms as well.
Learned counsel for the petitioners contends that such a process of setting up of slaughter house is likely to take some time and thus, they be permitted to carry out trade in meat. He states that petitioners are willing to furnish an undertaking that they will not slaughter the animals.
In the considered view of this Court, this prayer ought to have been made before the Municipal authorities. Let the petitioners approach the respondent/authorities with a prayer in this regard in which eventuality the same shall be answered by the respondents within two weeks from the date of receipt of such representation. In case the respondents wish to place any safeguards on the petitioners while accepting the prayer, the same may be made a part of the undertaking to be furnished by the petitioners. It is made clear that responsibility to take a decision would be of the respondent/authorities as would be their responsibility to enforce compliance of their own conditions that they might like to impose upon the petitioners in the event of accepting their prayers.";
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