Court holds closure order violates constitutional right to trade; Municipality admits lack of legal authority and withdraws enforcement
In a significant judgment delivered on October 29, 2026, the Gujarat High Court, presided over by Justice Nikhil S. Kariel, quashed the orders issued by the Chief Officer of Radhanpur Municipality that directed the closure of licensed slaughterhouses, meat, fish, poultry businesses, and restaurants serving non-vegetarian food for a period of four months. The closure was ordered citing the presence of a senior Jain religious leader and his devotees in the town during a religious occasion, Paryushan.
The petitioners, comprising business owners operating slaughterhouses and selling meat products, challenged the order on the grounds that the prolonged closure was arbitrary, lacked any legal basis under the Gujarat Municipalities Act, 1963, and infringed upon their fundamental right to carry on trade and business under Article 19(1)(g) of the Constitution of India. The petitioners had no objection to closing their businesses for nine days during the Paryushan festival itself but contended that a four-month closure was unreasonable.
During the hearing, Mr. Zubin F. Bharda, counsel for the petitioners, emphasized that all petitioners held valid licenses, including those issued by the Food Safety and Standards Authority of India, to conduct their businesses lawfully. He further argued that the Chief Officer did not specify any statutory provision under which the closure order was issued, rendering it ultra vires and invalid.
On the other hand, Mr. Deepak Sanchela, representing the Municipality, conceded that the Gujarat Municipalities Act did not empower the Chief Officer to direct such closure of businesses. Consequently, the Municipality agreed not to press the impugned order and assured the court that no coercive action would be taken against the petitioners.
With the Municipality's concession, the petitioners withdrew their plea with liberty to approach the appropriate forum should a similar order be passed in the future. The court accordingly disposed of the petition as withdrawn, underscoring the importance of balancing religious sentiments with constitutional rights and statutory mandates.
This judgment reinforces the constitutional guarantee of the right to carry on any profession, trade, or business, and clarifies that administrative authorities must act within the ambit of statutory provisions when issuing orders that significantly affect livelihoods.
Bottom Line:
Municipality conceded that there was no provision under the Gujarat Municipalities Act, 1963 empowering the Chief Officer to direct closure of licensed slaughter houses, meat, fish, poultry businesses and restaurants serving non-vegetarian food for four months on account of stay of a Jain religious leader; impugned notices were not pressed and petition was withdrawn with liberty.
Statutory provision(s):
Article 19(1)(g) of the Constitution of India, Gujarat Municipalities Act, 1963
Mohammadshafi Jummabhai Belim v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 3011065
