Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 74385 (PNJ)

RAM SINGH v. STATE OF HARYANA & ORS

CWP/29301/2018 · 2025-09-11

Suvir Sehgal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CWP-29301-2018 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (208) CWP-29301-2018 Date of decision:- 11.09.2025 RAM SINGH ... PETITIONER VERSUS STATE OF HARYANA AND OTHERS ... RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Chanchal K. Singla, Advocate for the petitioner. Mr. Deepak Vashisht, Deputy Advocate General, Haryana for the respondents. **** SUVIR SEHGAL, J. (ORAL) 1. This petition has been filed for issuance of a writ, in the nature of mandamus, seeking direction to the respondent-authorities to provide basic amenities as prescribed under Sections 3 and 4 of the Haryana Cattle Fairs Act, 1970 (for short “the Act”) before enhancing the fee prescribed under Section 9 of the Act vide notification dated 29.06.2018, Annexure P-1. 2. Mr. Chanchal K. Singla, Advocate submits that the petitioner is a public- spirited person and has filed the instant petition assailing notification dated 29.06.2018, Annexure P-1, whereby the fee has been enhanced from Rs.50 to 4% of the sale price of the cattle under the Act without providing the amenities for holding cattle fair. Counsel states that the Government of Haryana holds cattle fairs at 24 locations and 201 fairs have been organized, wherein 79700 cattle have been sold and purchased. He submits that cattle fee of Rs.50/- was levied till July, 2018. He asserts that without providing a proper space for holding cattle fairs or the facilities as prescribed under Sections 3 and 4 of the KAMAL SHARMA 2025.09.18 13:46 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh. CWP-29301-2018 -2- Act, the Government has enhanced the prescribed fee. He contends that the fair officers appointed under Section 4 of the Act are not performing their duties and the Committee constituted under Section 5, ibid, are non-functional. It is his case that the fairs are being organized by local, social and religious organizations, which is impermissible. 3. Upon notice, writ petition has been contested by the respondents, who have filed affidavits. In its written statement filed on behalf of respondents No.1 and 2, Mr. Sumit Kumar, HCS, Joint Director, Department of Development and Panchayat has stated that vide notification dated 31.03.2017, a new provision has been added in the Act, which reads as under:- “4(a) Scheme for cattle fair; The State Government may frame a scheme for organising and managing the cattle fair through an agency on such terms and conditions, as may be prescribed. The scheme shall specify the process for collection of fee and the manner in which the money relies shall be credited to the Cattle Fair Fund.” 4. As per the respondents, a similar amendment has been carried out vide notification dated 29.06.2018 in Rule 3 of the Cattle Fair Rules, 1970. After the approval of the State Government, a scheme and RPF have been prepared, which has been circulated vide memo dated 31.12.2018 to all the Deputy Commissioners and other concerned officials. The main features of the scheme have been highlighted as under:- “1. One or more Cattle Fair Officers will have to be appointed as per the provisions of Section 4 of the Cattle Fair Act. 2. The Cattle Fair Officer shall be responsible for making arrangement in respect of all matters connected with the holding of a cattle fair. 3. The facilities to be made available at the cattle fairs shall be arranged through private firm by transparent bidding method (draft RFP prepared). KAMAL SHARMA 2025.09.18 13:46 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh. CWP-29301-2018 -3- 4. District Level Committee shall monitor the cattle fairs. It will invite proposals from interested firms. 5. There shall be a Cattle Fair Committee.” 5. Separate affidavits have been filed by some of the Deputy Commissioners in the State of Haryana, wherein they have stated that the scheme is being adhered to. In the affidavit filed on behalf of respondent No.20, it has been submitted that notification, Annexure P-1, has been superseded and by notification dated 25.02.2022, Annexure R-1, cattle fee has been fixed at 3% of the sale price. It has been stipulated that maximum fee for big animals has been capped at Rs.1500/- and for small animals at Rs.500/-. 6. Having heard counsel for the parties, this Court is of the view that there is no merit in the submission made by the petitioner. In their responses, respondents have taken a specific stand that the scheme framed by the Government of Haryana on 31.12.2018 is being strictly followed. Petitioner has neither any filed replication to counter the stand taken by the respondents, nor he could refer to any material to show that the scheme is not being implemented. Furthermore, impugned notification, Annexure P-1, has been substituted by a fresh notification dated 25.02.2022, Annexure R-1, whereby the cattle fee has been reduced. Petitioner has not assailed the fresh notification issued by the Government. 7. Finding no merit in the petition, it is dismissed with no order as to costs. 11.09.2025 (SUVIR SEHGAL) Kamal JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No KAMAL SHARMA 2025.09.18 13:46 I attest to the accuracy and authenticity of this order/judgment. High Court, Sector-1, Chandigarh.