SUBHASH THAPA Vs. K.H.A.D.C.

JUDGEMENT

(1.) This order shall dispose of WP(C). No. 396/2019, WP(C). No. 397/2019 and WP(C). No. 398/2019 as according to learned counsel for the parties the factual matrix and legal issues involved are identical. The facts are being extracted from WP(C). No. 396/2019.

(2.) In petition No. WP(C). No. 396/2019 filed under Article 226 of the Constitution of India, the petitioner has challenged the action of the respondent No. 3 in not issuing the recommendation/No Objection Certificate (in short "NOC") as the shop of the petitioner was sealed on 21- 06-2019. Petitioner claims that vide Annexure-3, the petitioner had applied to the headman for grant of NOC for obtaining trade license from the Executive Committee, District Council, but the headman had declined to entertain the application.

(3.) Upon notice having been issued, the headman/respondent No.3 has filed an affidavit wherein it has been stated that no application for grant of NOC for the purpose of trade licence under the provisions of the Khasi Hills District (Trading by Non-Tribals) Regulation, 1954 has been filed before the Durbar Shnong where respondent No. 3 is the headman. Further, it has been stated that if the petitioner files an application, the same shall be duly and fairly considered on the strength of the proof/documents produced by the petitioner in support for grant of NOC. Para 5 of the affidavit reads thus: