Could a municipal officer shut every meat shop and slaughter house in town for four months? Radhanpur Municipality has told the Gujarat High Court that there may be no provision in the Gujarat Municipalities Act allowing it, and that it will not press the order or take coercive steps, leading the Court to dispose of the owners’ plea.
Ahmedabad: A four-month closure order for slaughter houses and meat shops in Radhanpur was left unpressed before the Gujarat High Court, which closed the owners’ petition after the Municipality’s counsel submitted that no provision existed for such an order and assured the Court that it would not be pressed [Meat-Shop Owners v. Radhanpur Municipality & Ors.].
The matter was heard by Justice Nikhil S. Kariel.
The concession before Justice Kariel
Counsel for the Municipality told Justice Kariel that there may not be any provision in the Gujarat Municipalities Act under which the Chief Officer could have directed the petitioners to stop their businesses for four months. The Municipality also assured the Court that it would not press its order and would not take coercive steps against the petitioners.
The petitioners then chose not to press the petition and sought to withdraw it, with liberty to approach the appropriate forum if a similar decision is taken in future. The plea was disposed of on those terms. With the order no longer being pressed, the Court did not rule on the constitutional challenge.
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What the Municipality had ordered
The order covered slaughter houses, shops selling meat, fish and poultry, and restaurants serving non-vegetarian food. Its stated ground was that a senior Jain religious leader would be staying within Radhanpur town limits for a religious occasion, and that visiting leaders and devotees could be hurt by such businesses. It warned of action under the Gujarat Municipalities Act, 1963 if the businesses did not close.
The petitioners said they held valid licences. They challenged the order as an unreasonable restriction on their right to carry on trade and business under Article 19(1)(g) and as violative of Article 14 of the Constitution.
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What the owners keep
A restriction on a licensed trade under Article 19(1)(g) has to come through law and be reasonable under Article 19(6). A direction from a municipal officer with no statutory provision behind it cannot by itself close lawful businesses, and that is the gap the Municipality acknowledged in court.
Religious sentiments and the rights of traders are both protected interests, and striking the balance between them falls to the legislature and the courts. As the petition was withdrawn with liberty, the owners can come back to court if a similar closure is ordered again.
Case Title: Meat-Shop Owners v. Radhanpur Municipality & Ors.
Bench: Justice Nikhil S. Kariel, Gujarat High Court
Date of Order: November 2026