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Synopsis

The Allahabad High Court earlier this week allowed a petition filed by a meat seller challenging rejection of his application for grant of a 'no objection certificate' (NOC) in his favour to open a retail meat shop.

The petitioner's application for NOC had been rejected on the ground that favourable report was not given by the police.

The police report stated that the petitioner's meat shop was in a mixed population area and the same was at a distance of 50 meters from a mosque and 150 meters from a temple. The report suggested that this proximity to religious places posed a potential risk of disturbing public tranquility and raised concerns about the unauthorized sale of meat.

Regarding the ground of rejection with regard to unauthorized sale of meat was concerned, the court held that the same was absolutely presumptive in nature and could not be a ground to refuse a 'no objection certificate' to the petitioner.

If unauthorized sale of meat is found, the authority granting licence/'no objection certificate' is always able to take action as per law, court said. 

Further, so far as the ground of petitioner's shop's proximity to religious places was concerned, court noted there were three more shops, which had been given a 'no objection certificate' in the very same area. 

"The said fact is admitted in Para-7 of the counter affidavit that three other meat shops exist in that area. It is stated that there is no religious place in the radius of 50 meters from the aforesaid three shops," noted the court.

Court further highlighted that distance of the mosque from the present meat shop was 50 meters and the temple was at a distance of 150 meters.

"Thus, there is no religious place in a radius of 50 meters from the present shop. Therefore, there is no reason to refuse 'no objection certificate' to the petitioner," held the court.

Therefore, the division bench of Justice Manish Kumar and Justice Vivek Chaudhary ordered,

"In the given facts and circumstances of the case, it is directed that respondent no.3-Superintendent of Police, Ambedkar Nagar, shall reconsider the matter and pass a fresh order within a period of four weeks from the date a certified copy of this order is placed before him."

The bench added that thereafter accordingly, the licencing authority shall consider the matter with regard to grant of licence to the petitioner in accordance with law.

Case Title: Mohd. Shakeel v. State of UP and Others