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2026 DAILYLAW 4555 (UTT)

SHANU v. NAGAR PALIKA PARISHAD

WPMS/1148/2026 · 2026-05-06

Pankaj Purohit

body2026

Judgment text

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2026:UHC:3410 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 1148 of 2026 06 May, 2026 Shanu and Others --Petitioners Versus Nagar Palika Parishad, Ramnagar --Respondent ---------------------------------------------------------------------- Presence:- Mr. Bhupesh Kandpal, learned counsel for petitioners. Mr. B.D. Pande, learned counsel for respondent-Nagar Palika Parishad, Ramnagar. Hon’ble Pankaj Purohit, J. (Oral) Petitioners have approached this Court on the premise that petitioners earlier had license for retail meat shops of she-he buffalo issued by the designated officer under Section 31 of the Food Safety and Standard Act, 2006. Petitioners were carrying the business of selling meat at the specified place, where shops were allotted to them by respondent-Nagar Palika Parishad, Ramnagar. The allotment of shops to the petitioners on the specified place has come to an end and the shops are therefore closed by respondent. Now, petitioners want to sell meat within the municipal limit of respondent, for which, there is a requirement of No Objection Certificate (NOC) from respondent-Nagar Palika Parishad. 2. Petitioners applied for the NOC to respondent by moving applications dated 16.04.2026 (Annexure No.1) to respondent, but the same has yet not been decided by respondent. 3. Learned counsel for respondent-Nagar Palika Parishad passed on to this Court By-laws of respondent-Nagar Palika Parishad, Ramnagar 2026:UHC:3410 2 (Nainital) and placed reliance on By-laws 3 of the respondent-Nagar Palika Parishad, Ramnagar, which is extracted as under:- “3. HkSal@HkSalk xks”r fcØh gsrq ykblsUl ikfydk ifj’kn~ dh [krkM+h fLFkr cM+k ehV ekfdZV esa ¼Hkwry ij 6 rFkk izFke ry ij 6½ dqy 12 nqdku@QM+ rFkk ekSgYyk xwyj?kV~Vh esa cksMZ }kjk tufgr dks /;ku esa j[kdj vuqeksnu ds i”pkr~ okMZ ua0&4 esa 2 rFkk okMZ ua012 esa 2 vFkkZr~ dqy 4 nqdku@QM+] bl izdkj dqy 16 ykblsUl tkjh fd, tk,axsA.” 4. Learned counsel for respondent on instruction submits that the sale of meat of she-he buffalo can be done only in the specified place as given in the by-laws No.3 as quoted hereinabove. 5. This Court is of the view that here it is not a question as to whether the meat is to be sold at a specified place or somewhere else, but the question is as to whether NOC can be issued to petitioners or not, for which they had applied on 16.04.2026. 6. In such view of the matter, the present writ petition is disposed of. Respondent-Nagar Palika Parishad, Ramnagar, shall take decision on the applications dated 16.04.2026 moved by petitioners (Annexure No.1 to the writ petition) within 15 days from today, strictly in accordance with law. 7. Let a certified copy of this order be supplied to learned counsel for the parties today itself, as per Rules. (Pankaj Purohit, J.) 06.05.2026 PN