Calcutta High Court
Shirin Foods Limited & Anr vs Kolkata Municipal Corporation & Ors on 18 February, 2020
Author: Arindam Sinha
Bench: Arindam Sinha
ORDER SHEET
WP NO.415 OF 2017
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SHIRIN FOODS LIMITED & ANR.
Versus
KOLKATA MUNICIPAL CORPORATION & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM SINHA
Date : 18th February, 2020.
Syed E. Huda, Mr.Himadri Roy, Advocates for
Petitioners
Mr. Alok Ghosh, Ms.Era Ghose, Advocates
For KMC
Mr. Ramij Munsi, Mr.Pankaj Agarwal, Ms. Paramita Maity,
Advocates for respondent no.6
The Court : Mr. Huda, learned advocate appears on behalf of petitioners and draws attention to order dated 31st July, 2017, by which his client's two applications for permission to use the abattoir were dealt with. He submits, the Corporation cannot say it is their policy to issue permit only to retailers, his client being an exporter. The Corporation 2 cannot concern itself with sale of the product. He submits, this is as per clear view of a learned single Judge taken in judgment dated 6th October, 2016 dealing with WP 4091(W) of 2015 ( Shirin Foods Limited & Ors. Vs. Kolkata Municipal Corporation & Ors. ). He relies on the view as reproduced below:-
"To the extent the said order says that such application can be made only for domestic purpose, the same has to be read down and has to be understood to mean that the KMC authorities have no power to grant permission to export buffalo meat. I make it clear that no observation in the order under challenge to the effect that the petitioner is entitled to issuance of licence to slaughter buffalo in the KMC's abattoir only for domestic purpose, will be of no effect and is set aside. KMC can neither permit nor restrain the petitioners from exporting the buffalo meat and KMC shall not be concerned with the same while processing any application the petitioners may make for licence to slaughter buffaloes. Only the APEDA can grant or deny permission to the petitioners to export the meat of the buffaloes that the petitioners may slaughter at the KMC's said abattoir."
Mr. Ghosh, learned advocate appears on behalf of the Corporation and submits, policy decision taken by his client was after the judgment. 3
The Corporation will be heard on disclosure of the policy, in advance to petitioners and whether a statutory body can adopt policy to get around view expressed by Court on an issue.
List on 3rd March, 2020 at top of the list under heading "For Orders" on direction to serve copy of the policy by 28th February, 2020.
(ARINDAM SINHA, J.) sb.