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The Allahabad High Court recently refused to entertain a plea seeking direction to the municipality officers for renewal of a meat shop license renewal noting that the shop was well within 50 meters of a temple.
A division bench comprising Justice Manoj Kumar Gupta and Justice Shekhar Kumar Yadav observed, “It is evident from the record that the licence of the petitioner has not been renewed on basis of office report that meat shop of the petitioner is situated within a radius of 50 meters from a temple and as per guidelines issued by Government, the same is not permissible.”
Court also pointed out that the petitioner namely Sandeep Kumar had also not challenged the action of the Nagar Nigam declining to renew his licence.
Therefore, finding no good reason, court declined to direct the authorities to decide Kumar’s representation regarding the license renewal.
Interestingly, Kumar had also sought a mandamus commanding the Nagar Ayukt, Nagar Nigam of his area for cancellation of certain notices issued to two other persons.
He had alleged that he was holder of licence of a retail meat shop since a long time, however, the Nagar Nigam on basis of notice issued to one Ramesh and Billu, which had no concern with Kumar, was declining to renew his licence.
Though court found that this averment was faulty as renewal of license of Kumar’s shop was rejected on basis of an office report wherein the violation of the government guidelines was cited.
The Food Safety Act guidelines prevent meat shops from running within a 50-meter radius of religious places including a mosque and 100 meters from the main entrance of it. The norms are as per clause 8 (1) of the Food Safety & Standard Administration India Act, 2011.
Case Title: Sandeep Kumar v. State of UP and 3 Ors.
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