Jharkhand High Court
Jamiat-Ul-Quraish Having Its Office At ... vs The State Of Jharkhand on 19 February, 2019
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.2528 of 2018
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Jamiat-ul-Quraish having its office at Gudri Quraishi Mohalla, P.O- Lower Bazar, P.S.-Lower Bazar, District-Ranchi through its president Md. Azad s/o Late Shamshul Haque, aged 45 yrs. Resident of Gudri Quraishi Mohalla, P.O- Lower Bazar, P.S-Lower Bazar, District-Ranchi.
...... Petitioner Versus
1. The State of Jharkhand
2. Dy. Commissioner, Office of the Dy-Commissioner, Kutchery compound, P.O&P.S:-Kotwali, District:-Ranchi.
3. Secretary Urban Development Department Government of Jharkhand, P.O-Dhurwa, P.S.-Jagarnathpur, District-Ranchi.
4. The Municipal Commissioner, Ranchi Municipal Corporation, P.O. & P.S.- Kotwali, District-Ranchi.
...... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : Mr. Md. Ashrafuzzaman Khan, Adv. For the Respondent (State) : Ms. Aprajita Bhardwaj, A.C. to A.G. For the R.M.C. : Mr. Prashant Kumar Singh, G.P.- VI
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06/Dated 19th February, 2019
1. This writ petition has been filed for issuance of direction upon the respondent for construction of new slaughter house (Abattoir) where the present slaughter house is located at Kanta toli within district of Ranchi, the said direction has been sought in view of the provision of Section 2 of the Jharkhand Bovine Animals Slaughter Act, 2005.
2. Mr. Md. Ashrafuzzaman Khan, learned counsel for the petitioner has tried to impress upon the Court by referring to the order passed in WP(PIL) No. 5768 of 2001 by the Hon'ble Division Bench of this Court, the order for construction of slaughter houses, according to him, after the said order, the advertisement has been issued by the Urban Development Department, of the State of Jharkhand, looking for the appropriate site for construction of the slaughter houses, but thereafter no action has been taken, hence, this writ petition. He further submits that, it is a case of violation of the order passed by this Court in WP(PIL) No. 5768 of 2001.
3. Mr. Prashant Kumar Singh, learned G.P.- VI appearing for the Municipal Corporation, has submitted that after the aforesaid order passed by this Court in the aforesaid public interest litigation case, a provision has come, 2 known as Jharkhand Municipal Act, 2011 wherein as contained under Section 310, which provides that the Municipal Corporation may if required by the State Government to construct slaughter house may proceed for it, he therefore, submits that the State Government is to take decision for construction of slaughter house and the Municipal Corporation is to follow the said direction if taken by the State Government in view of the aforesaid provision but till date no such policy decision has been communicated to the Municipal Corporation, formulated in the light of provision of Section 310 of the Act, 2011.
4. Ms. Aprajita Bhardwaj, learned A.C. to A.G. appearing for the State has raised preliminary objection regarding the locus of the petitioner, according to her, the petitioner being an association has got no locus to seek direction which is general in nature i.e. for constructing of slaughter houses. She further submits that, if the petitioner has any grievance he may file appropriate application if there is any violation of order passed by this Court.
5. At this juncture Mr. Khan, learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to search out the remedy and to approach.
6. In view thereof, this writ petition is dismissed as withdrawn with liberty aforesaid.
(Sujit Narayan Prasad, J.) Madhav