Karnataka High Court
Ms. Kavitha Jain vs State Of Karnataka on 11 April, 2018
Bench: Chief Justice, B M Shyam Prasad
W.P.No.6365/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF APRIL, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE B M SHYAM PRASAD
WRIT PETITION NO.6365 OF 2018 (GM-RES) PIL
BETWEEN:
MS. KAVITA JAIN
D/O SURENDRA PAL JAIN
AGED ABOUT 39 YEARS
NO.11/1A 22/1BP, KPJ NILAYAM
3RD CROSS, M.P.LAYOUT,
BOMMANAHALLI,
BENGALURU-560068. ... PETITIONER
(BY MS. SHREYA AGARWAL, ADVOCATE FOR
SRI TRIVIKRAM S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY PRINCIPAL SECRETARY,
DEPARTMENT OF ANIMAL HUSBANDRY
& VETERINARY SERVICES
M.S. BUILDING,
BANGALORE-560001.
2. THE COMMISSIONER
BIDAR MUNICIPAL CORPORATION
BIDAR - 585401.
W.P.No.6365/2018
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3. THE JOINT DIRECTOR,
DIRECTORATE OF INDUSTRIES & COMMERCE
DISTRICT INDUSTRIES CENTRE
BESIDE BUDA OFFICE,
NAUBAD, BIDAR - 585 401.
4. ASSISTANT DIRECTOR OF FACTORIES
DIRECTORATE OF FACTORIES, BOILERS,
INDUSTRIAL SAFETY & HEALTH
GULBARGA DIVISION,
M S K MILL ROAD,
VASANTA NAGAR,
GULBARGA - 585102.
5. SENIOR ENVIRONMENTAL OFFICER
KARNATAKA STATE POLLUTION CONTROL BOARD
DIVISIONAL OFFICE/ZONAL OFFICE
WARD NO. 25, 4TH MAIN,
NEAR DR VISHNUVARDHANA PARK
KUVEMPU NAGAR
BELLARY - 583104.
6. FOOD SAFETY & STANDARDS AUTHORITY OF INDIA
BIDAR DISTRICT
BIDAR - 585401.
7. AGRICULTURAL & PROCESSED FOOD PRODUCTS
EXPORT DEVELOPMENT AUTHORITY (APEDA)
3RD FLOOR, NCUI BUILDING,
3 SIRI INSTITUTIONAL AREA,
AUGUST KRANTI MARG,
(OPP. ASIAD VILLAGE),
NEW DELHI - 110 016, INDIA.
8. THE SUPERINTENDENT OF POLICE
BIDAR DISTRICT
SARDARI ROAD
BIDAR - 585401.
9. THE STATION HOUSE OFFICER
BIDAR NEW TOWN POLICE STATION
SHIVANAGAR
BIDAR - 585401.
W.P.No.6365/2018
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10. M/S AL-AZIZ INTERNATIONAL INDUSTRIES
(MEAT PROCESSING & RENEDERING PLANT)
REP BY ITS PROPRIETRIX
MRS ASIFA SULTANA
PLOT NO 18, KOLHAR INDUSTRIAL AREA
BIDAR - 585401.
... RESPONDENTS
(BY SRI D. NAGARAJ, AGA FOR R1, R3, R4 & R8, R9)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE LICENSE ISSUED BY THE R-4 FOUND AT
ANNEXURE-F1 BEARING NUMBER 27181 DTD:25.11.2015 AND
DIRECT THE R-8 & R-9 TO DESTROY THE SEIZED 384 TONS
OF CATTLE MEAT AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE CHIEF JUSTICE, MADE THE
FOLLOWING:
ORDER
Heard learned counsel for the petitioner and learned Additional Government Advocate and perused the material placed on record.
By way of this petition, framed and styled as Public Interest Litigation (PIL), the petitioner seeks to submit that the respondent No.10 is storing cattle meat (beef) in the name of cold storage and is also exporting the same against the provisions of existing laws. The petitioner would further W.P.No.6365/2018 -4- submit that the Bidar New Town Police Station has registered a case in Crime No.11/2018 involving about 384 tonnes of meat, which according to the allegation of the petitioner, is beef. It is noticed that the aforesaid crime is registered for the offences under Sections 420 and 429 of IPC.
The petitioner also seeks to submit that if the seized meat is released to the respondent No.10, it would create health hazards to the persons consuming it, as the quality is likely to deteriorate due to continuous cold storage and use of ammonia. Learned counsel for the petitioner has endeavoured to submit that the release of meat in question is being sought on the basis of documents which are not in conformity with law or may even be fake. It is also sought to be submitted that the business carried on by the respondent No.10 is encouraging illegal dealings with cattle/s and growth of illegal slaughter houses in and around the district of Bidar.
Learned Additional Government Advocate submits that, as per his instructions, the application for release of the meat in question was considered and rejected by the learned W.P.No.6365/2018 -5- Magistrate on 02.02.2018. It is also pointed out that a revision petition filed against the order so passed by the Magistrate is pending consideration before the learned Principal District and Sessions Judge, Bidar, being Crl.R.P.No.15/2018.
It is noticed that the present writ petition is essentially framed as the one concerning the activity of the respondent No.10 as also the particular criminal case i.e., Crime No.11/2018.
We are not commenting on the submissions related with the proceedings for release of the meat in question, essentially for the reason that the matter is admittedly pending before a competent Court. That being the position, it does not appear appropriate to entertain a PIL, so as to interfere with the exercise of jurisdiction by the Court concerned. Suffice it to observe, for the present purpose, that when the matter is being examined by the Court of competent jurisdiction, it cannot be assumed that all the relevant aspects and factors W.P.No.6365/2018 -6- would not be taken into account by the Court concerned, while dealing with the matter.
So far the generalized submissions, as regards dealing with the cattle/s are concerned, without making any comment in this matter, we would leave it open for the petitioner in taking recourse to appropriate remedies in accordance with law, including filing of any other appropriate petition, which may be dealt with on its own merits.
Subject to the observations foregoing, the exercise of PIL jurisdiction in this matter is declined and the petition stands dismissed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE ca