WP 20387/2015 Order Dt.21.08,2015 of J. Dipankar Datta

Item no 27 Date 21.08.2015
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W. P. 20387 (W) of 2015

(Dr. Shri Krishan Mittal & Ors. Vs. State of West Bengal & Ors.)
Mr. Mainak Bose
Mr. Ankur Jain
Ms. Anamika Pandey
Ms. Sweta Gandhi …..For the petitioners
Mr. Tapan Kumar Mukherjee
Mr. Bikash Kumar Mukherjee
…..For the State
Mr. Alok Kumar Ghosh …..For the Kolkata Municipal Corporation

The petitioners have prayed for due enforcement of the provisions of the West Bengal Animal Slaughter Control Act, 1950 (hereafter the ‘Act’) and for strict adherence to the directions issued by the Hon’ble Supreme Court in its decision reported in AIR 1995 SC 464, wherein the provisions of the Act came up for consideration.
Having heard Mr. Bose, learned advocate for the petitioners, Mr. Tapan Kumar Mukherjee, learned senior advocate for the State and Mr. Ghosh, learned advocate for the Kolkata Municipal Corporation,
I am of the considered view that although the petitioners might have moved this Bench for redressal of perceived personal grievances arising out of alleged omission or neglect to enforce the provisions
of the Act as well as adhere to the directions of the Hon’ble Supreme Court, this writ petition involves public interest in substantial measure and, therefore, ought to be treated as a ‘Public Interest Litigation’ in view of the provisions contained in Chapter II of the Writ Rules framed by this Court relating to applications under Article 226 of the Constitution of India.
It is noteworthy that two writ petitions [W. P. 31190 (W) of 2013 & W. P. 31522 (W) of 2013] involving on the selfsame issue are pending before the Hon’ble Division Bench presided over by the Hon’ble the Chief Justice. In view thereof, ends of justice demand placing of this writ petition before the said Bench for consideration subject to TheirLordships’ convenience. The second Judge’s copy shall be filed by the petitioners by Monday (24th August, 2015).
( Dipankar Datta, J. )