Writ petition assailing a non-issuance of No Objection Certificate for a meat shop near a religious place was dismissed. The Court held that after a directed measurement verified the distance as 150 meters, the local administration's refusal based on law and order remains valid, and the Court will not interfere.
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Neutral Citation No. - 2023:AHC:191629-DB
Court No. - 40
Case :- WRIT - C No. - 24947 of 2023
Petitioner :- Mohd Shahbaz Qureshi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Pratap Singh,Kamaluddin Counsel for Respondent :- C.S.C.,Shyam Mani Shukla
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
50 meter, is being disputed by the petitioner. Once the distance between the place of worship and proposed site for running the meat shop is being disputed, the coordinate Bench of this Court has disposed the aforementioned writ petitin vide order dated 9.2.2023 permitting the petitioner to file objection before respondent no. 3 within three weeks along with true attested copy of the order. Further, the respondent no. 3 was directed to get the distance between the business premises in respect of which license has been applied for and the religious place measured by a Revenue Officer and shall also obtain fresh report and thereafter take decision in the matter in accordance with law. Consequently, in response thereof, the revenue officials had visited the site in question and after measurement found that the proposed meat shop is at a distance of 150 meter from the religious place. Considering the said report and taking into account the communal harmony and law and order situation, the S.S.P. Bareilly has again declined to accord NOC in favour of the petitioner by the order impugned.
Order Date :- 5.10.2023 A.K.Srivastava
Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should have exercised discretionary jurisdiction to issue a No Objection Certificate for a meat shop near a religious place despite a report measuring 150 meters distance.
Whether the fact-finding report by revenue officials regarding the distance between the shop and the religious place can be disputed once measurements took place.
Mohd Shahbaz Qureshi
State Of U.P.
Senior Superintendent of Police, Bareilly
Mahesh Chandra Tripathi
Prashant Kumar
As recorded by the court registry
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