'Can't Refuse NOC For Meat Shop On Ground Of Probability Of Unauthorized Sale Of Meat': Allahabad High Court

The Allahabad High Court has observed that the probability of unauthorized sale of meat is no ground to refuse a 'no objection certificate' (NOC) for a retail meat shop.

Observing this, the bench of Justice Vivek Chaudhary and Justice Manish Kumar directed the Superintendent of Police, Ambedkar Nagar to reconsider and pass a fresh order on an application of one Mohd. Shakeel/Petitioner for the grant of an NOC to open a retail meat shop.

Essentially, the petitioner's application to open a meat shop was rejected on the grounds that a favourable report was not given by the police. In the police report, it was stated that there was a probability of unauthorized sale of meat in his shop.

Further, the report also stated that since the petitioner's meat shop is in mixed population and the same is at a distance of 50 meters from a mosque and 150 meters from a temple and hence, there was a likelihood of disturbance of public tranquillity. Challenging the rejection of his application, the petitioner moved the HC.

At the outset, the bench noted that so far as the ground of rejection with regard to the unauthorized sale of meat is concerned, the same was absolutely presumptive in nature and the same can't be a ground to refuse an NOC to the petitioner.

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

So far as the location of the shop was concerned, the Court noted that three more shops had been an NOC and in the affidavit of the state government, it was stated that there was no religious place in the radius of 50 meters from the aforesaid three shops.

"Distance of mosque from the present meat shop is 50 meters and temple is at a distance of 150 meters. Thus, there is no religious place in the radius of 50 meters from the present shop. Therefore, there is no reason to refuse 'no objection certificate' to the petitioner," the Court said as it directed the SP concerned to pass a fresh order in the matter.

With this, the writ plea was allowed.

Case title - Mohd. Shakeel vs. State Of U.P. Thru. Prin. Secy. Food And Supply Civil Secrt. U.P. Lko. And Others [WRIT - C No. - 5534 of 2023]

Case Citation: 2023 LiveLaw (AB) 303

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