“Court Finds ‘Presumptive Grounds’ Insufficient for Denying ‘No Objection Certificate’ for Meat Shop”

Lucknow, 29^th August 2023 – In a landmark decision, the Allahabad High Court, Lucknow Bench, comprising Hon’ble Vivek Chaudhary, J. And Hon’ble Manish Kumar, J., ruled in favor of Mohd. Shakeel, who had petitioned against the rejection of his application for a ‘No Objection Certificate’ to open a retail meat shop.

The court observed that the “ground of unauthorized meat sales is presumptive and not a valid reason for refusing the ‘no objection certificate.’” [Para 4]

The petitioner had approached the court after his application was rejected based on an unfavorable police report. The report cited the shop’s proximity to religious places and the likelihood of unauthorized meat sales as reasons for the rejection. [Para 1-3]

Highlighting an inconsistency in the application of rules, the court noted that “other meat shops in the same area have received ‘no objection certificates.’” The court further stated that “no religious places are within a 50-meter radius of these shops,” thereby questioning the validity of the police report. [Para 5-6]

In light of these observations, the court directed the Superintendent of Police to “reconsider the matter and pass a fresh order within four weeks.” [Para 7] The licencing authority was also instructed to consider the matter in accordance with the law.

The writ petition stands allowed, and the matter is to be reconsidered, marking a significant step towards ensuring fair and consistent application of rules and regulations.

Date of Decision: 29.8.2023

Mohd. Shakeel vs State Of U.P. Thru. Prin. Secy. Food And Supply

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