GULSHAN & ANR. ETC. versus ZILA PARISHAD & ORS.

GULSHAN & ANR. ETC. versus ZILA PARISHAD & ORS.

In light of the Uttar Pradesh Government’s Circular dated June 7, 1986, the auction system under the impugned bye-laws is abandoned and replaced with a licensing system giving preferential right to cooperative societies of those traditionally engaged in carcass utilisation. The Zila Parishads are competent to frame bye-laws under s. 239(2)(E)(a); however, implementation must align with the State policy favouring cooperative societies, and auction may be used only with State sanction as a transitory measure.

Parties
Petitioner: Gulshan & Anr. Etc.; Respondent: Zila Parishad & Ors.
Jurisdiction
India
Judgment Date
16 October 1987
Procedural Posture
Special Leave Petition and Civil Appeal / Disposal by Supreme Court
Outcome
Petitions and Appeals disposed of; no costs.
Legal Topics
Validity of Bye Laws, Monopoly and Trade, Right to Occupation, Carcass Utilisation, Cooperative Societies Policy
Constitutional Law Local Government Law Validity of Bye Laws Monopoly and Trade Right to Occupation Carcass Utilisation Cooperative Societies Policy

Case Brief

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Parties

Gulshan & Anr. Etc.

Petitioner

Zila Parishad & Ors.

Respondent

Procedural Posture

Special Leave Petition and Civil Appeal / Disposal by Supreme Court

Legal Issues

  1. 1 Whether the bye-law framed by Zila Parishads for auctioning the right to trade in carcass utilisation is constitutionally valid
  2. 2 Whether such bye-law creates a monopoly and offends Article 19(1)(g)
  3. 3 Whether Zila Parishads are competent under s. 239(2)(E)(a) of the Uttar Pradesh Kshetra Samiti and Zila Parishads Adhiniyam, 1961 to frame such bye-laws

Ratio Decidendi

In light of the Uttar Pradesh Government’s Circular dated June 7, 1986, the auction system under the impugned bye-laws is abandoned and replaced with a licensing system giving preferential right to cooperative societies of those traditionally engaged in carcass utilisation. The Zila Parishads are competent to frame bye-laws under s. 239(2)(E)(a); however, implementation must align with the State policy favouring cooperative societies, and auction may be used only with State sanction as a transitory measure.

Court Disposition

Petitions and Appeals disposed of; no costs.

Orders

  • The matters are disposed of in accordance with the State policy; Zila Parishads to frame bye-laws consistent with the Government directive.
  • Preference to be given to cooperative societies for carcass disposal licensing.