IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
C.R. No. 5927 of 2008 (O&M)
Date of Decision: 14.1.2009.
Sanjeev Kumar and another
....Petitioners
Versus
Madan Lal and others
...Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:- Mr.Gorakh Nath, Advocate
for the petitioners.
RAJESH BINDAL, J.
****
The challenge in the present revision petition is to the
order passed by the learned Court below whereby the prayer for
injunction was granted in favour of respondent/plaintiffs.
Briefly, the facts are that the respondent/plaintiffs filed a
suit for injunction seeking restrain against the petitioners from
carrying on the business of sale of meat on old place of business.
Keeping in view the fact that Municipal Committee, Kalka had carved
out a special market for sale of meat, the petitioners and private
respondents, both were carrying on business of sale of meat at
Gandhi Chowk, Kalka. Though the plaintiffs had shifted to new
market but the petitioner/defendants had not shifted. It was noticed
by learned Court below that in terms of provisions of Section 170 of
the Haryana Municipal Act, 1973, a municipal committee is
competent to fix any place for slaughter of animals and for sale of
meat. It is further provided therein that when any such separate
location is identified, no person shall slaughter any animal for sale
C.R. No. 5927 of 2008 (O&M -2-
within the municipal limit at any other place. The fact that new meet
marked at different place had been constructed is not in dispute.
Keeping these facts in view, the learned Court below has
granted injunction in favour of respondent/plaintiffs restraining the
petitioners from carrying on the business at the old premises at
Gandhi Chowk. Once the scheme has been framed by Municipal
Committee to locate all the persons who are carrying on business of
sale of meat at a specific place, the petitioners cannot be permitted
to carry on the business at the same place where they were carrying
on it earlier.
Accordingly, I do not find any merit in the present revision
petition and the same is dismissed.
(RAJESH BINDAL)
14.1.2009 JUDGE
Reema