- (1.) By this petition filed under Article 226 of the Constitution, the petitioners have prayed for quashing of order dated 15.6.2015 passed by respondent no.3-Sub Divisional Magistrate, Rawatsar District Hanumangarh, whereby he has directed for closure of their illegal trade of lactating animals in the garb of running animal husbandry and dairy production.
(2.) The petitioners claim themselves to be the owners of certain agricultural lands, which on their request, were converted for industrial purposes. Later, on further request of petitioners, these lands were converted for commercial purposes viz. animal husbandry and dairy production. According to the petitioners, on their converted lands, they have been carrying out the business of animal husbandry and dairy production such as milk and ghee and about other fifteen farmers in dairy business have also been selling and purchasing lactating animals from their premises every Wednesday. The grievance of the petitioners is that on a false complaint made by respondent no.5 that they were using their premises for holding weekly cattle fair for illicit trade of animals and subjected animals with cruelty for profits, the Sub Divisional Magistrate by the impugned order has directed for closure of their premises.
(3.) The respondents no.1 to 5 in their reply have defended their action against the petitioners. According to them, the petitioners were indulging into illicit trade of bovine animals from their premises in question by holding weekly fair. The respondents have further submitted that petitioners have been subjecting animals with cruelty by using different means for profits. According to the respondents, petitioners have been encouraging sale of such animals for slaughtering to traders coming from outside, which was causing communal tension in the locality. The respondents have lastly submitted that action has been taken against the petitioners in compliance of order dated 4.5.2015 passed by a Division Bench of this High Court in D.B.Civil Writ Petition (PIL) No.2009/2014, wherein directions have been issued for strict enforcement of Prevention of Cruelty to Animals Act, 1960, Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 and to immediately stop holding of illegal cattle fairs. Similar is the return filed by respondent no.5.;