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Tariq Masood v. State Of U.P. & Others - WRIT - C No. 2110 of 1999  RD-AH 3168 (10 February 2006)
Court No. 37
Civil Masc. Writ Petition No. 2110 of 1999
State of Uttar Pradesh and Others..............Respondents.
Hon'ble R.K.Agrawal, J
Hon'ble (Mrs.) Saroj Bala, J
We have heard Sri J.J. Munir learned counsel for the petitioner, and Sri Vishnu Pratap learned counsel for the respondents.
By means of the present writ petition filed under Article 226 of the Constitution of India,. the petitioner Tariq Masood seeks a writ, order or direction in the nature of mandamus restraining the respondent authorities from obliging the petitioner to obtain permit in Form ''H' for transport of protected animals from other states into the State of Uttar Pradesh or for such transportation within the state of Uttar Pradesh. According to the petitioner he is a trader engaged in the trade of cattle, which involves transportation of cattle from different parts of the country into the State of Uttar Pradesh and similarly within the State of Uttar Pradesh. He is not transporting cattle from the State of Uttar Pradesh to outside the State of Uttar Pradesh.
The grievance of the petitioner is that under provisions of the Uttar Pradesh Prevention of Cows Slaughter Act, the authorities are insisting upon the petitioner to obtain permission in form H for transporting cattle from outside the State of Uttar Pradesh, in bringing cattle from outside the State of Uttar Pradesh, inside the State of Uttar Pradesh and for carrying them to their destination.
Section 5 A of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as the ''Act') provides for regulation and transport of cows. It reads as follows.
"5-A Regulation on transport of cow, etc.-
(1) No person shall transport or offer for transport or
cause to be transported any cow, or bull or bullock, the slaughter whereof in any place in Uttar Pradesh is punishable under this Act, from any place within the State to any place outside the State except under a permit issued by an officer authorized by the State Government in this behalf by notified order and except in accordance with the terms and conditions of such permit.
(2) Such officer shall issue the permit on payment of such fee not exceeding (five hundred rupees) for every cow, bull or bullock as may be prescribed:
Provided that no fee shall be chargeable where the permit is for transport of the cow, bull or bullock for a limited period no exceeding six months as may be specified in the permit.
(3) Where the person transporting a cow, bull or bullock on a permit for a limited period does not bring back such cow, bull or bullock into the State within the period specified in the permit, he shall be deemed to have contravened the provision of sub-section(1).
(4) The form of permit, the form of application therefore and the procedure for disposal of such application shall be such as may be prescribed.
(5) The State Government or any officer authorized by it in this behalf by general or special notified order, may, at any time, for the purpose of satisfying itself, or himself, as to the legality or propriety of the action taken under this section, called for and examine the record of any case and pass such orders thereon as it or he may deemed fit."
Rule 16 of the U.P. Prevention of Cow Slaughter Rules, 1964 (hereinafter referred to as the ''Rules') provides for making of the application in Form ''G' for issuance of the permit in Form H for the purposes of Section 5-A of the aforesaid Act, Rule 16 is reproduced for easy reference.
(1) Any person intending to transport or to offer for transport or to cause to transport any cow, bull or bullock, the slaughter whereof is punishable under this Act in any place in Uttar Pradesh from any place within the State to any place outside the State shall apply for a permit to the licensing authority on prescribed From ''G'.
(2) The licensing authority may grant such permit on payment of fee of Rs. 5.00 (Rupees five) per cow, bull or bullock to be deposited through Treasury challan under the receipt head "110-Pashupalan-A-Other receipt (6) Misc." In case the animal so transported is brought back to the State within the period of six months from the date of issue of the permit, the fee Rs. 5.00 shall be refunded to be permit-holder, if the refund is claimed. All animals intended to the transported shall be tattooed in right ear prior to the transportation from the State.
(3) Cow, bull or bullock transported without a valid permit shall be confiscated and shall be auctioned and the sale proceeds will be deposited under the receipt head given in sub-rule (2) above and such person, who causes unauthorized transport shall be prosecuted under Section 8 of the Act.
(4) The permit referred in sub-rule (2) shall be in Form ''H'.
(5) In the event of death of the cow, bull or bullock being so transported prior to its return, the permit-holder shall submit the death certificate for the local Veterinary Surgeon to the licensing authority failing which he shall be liable for prosecution under Section 8 of the Act.
(6) These rules shall also apply to the cows, bulls or bullocks transported to cattle fairs, exhibitions and markets outside the State. The permit-holder shall have to submit a certificate of sale from the manager of such fairs, exhibitions and market to the licensing authority on Form ''I' failing which he shall be liable to prosecution under section 8 of the Act.
(7) In case cows, bulls or bullocks are needed by another State Government or recognized institutions outside the State, such permit for transportation of animal will be granted on deposit of requisite fees by the party concerned under sub-rule (2), but the application shall have to be routed through the State Government concerned.
From the conjoint reading of the provisions of Section 5-A of the Act and Rule 16 of the Rules, we find that no permit is required for bringing any cattle from outside the State of Uttar Pradesh to inside the State of Uttar Pradesh. Permit is required only when the cattle is taken from the State of Uttar Pradesh to outside the State of Uttar Pradesh or within the State of Uttar Pradesh itself for the purposes of slaughtering.
Sri Vishnu Pratap, learned Standing Counsel submitted that in the counter affidavit it has specifically been stated that the petitioner is transporting the cattle for the purposes of slaughtering and, therefore, the restrictions and safeguards provided in the Act and Rules have to be complied with. There cannot be any dispute that if the cattle, which the petitioner is bringing from outside the State of Uttar Pradesh, is meant for slaughtering, the provisions of the Act and the Rules are applicable. If the petitioner is only a trader in cattle and is not bringing those cattle for the purpose of slaughtering, the permit in Form ''H' is not required. The State Authorities would be at liberty to check the slaughtering, if any, of cattle.
In the result the writ petition succeeds and is allowed.
Respondent Nos. 3 and 4 are restrained from insisting upon the production of permit in Form ''H' in respect of cattle, which the petitioner is bringing from outside the State of Uttar Pradesh. The petitioner will have to satisfy the authorities by providing relevant documents to show that these cattle, which are being transported, have been purchased from outside the State of Uttar Pradesh and are being brought for the purpose of trade.
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