LAWS(GAU)-2022-4-32

SHAMBHU ELECTRICALS Vs. GAUHATI MUNICIPAL CORPORATION

Decided On April 05, 2022
Shambhu Electricals Appellant
V/S
GAUHATI MUNICIPAL CORPORATION Respondents

JUDGEMENT

(1.) Heard Mr. S. P. Roy, the learned counsel for the Petitioners. Mr. S. Bora, the learned counsel appears on behalf of the Respondent Nos. 1, 2 and 3 and Mr. R. Dubey, the learned counsel appears on behalf of the Respondent No. 4.

(2.) From a perusal of the writ petition, it appears that the Respondent No. 3 had vide an order dtd. 01/10/2019 rejected the application filed by the Petitioner No. 2 dtd. 28/8/2019 for issuance of trade license. A perusal of the said order reflects that the said rejection has been done on the basis that the Petitioners have not submitted the required documents for issuance of fresh trade license as per the Rules.

(3.) At this juncture, it may be relevant herein to mention that the issue pertaining to the issuance of trade license to the Petitioners also came up for consideration before this Court in W.P.(C) No. 5815/2019, whereby this Court disposed off the said writ petition observing that a landlord tenant dispute, if any, between the parties cannot be the subject matter of the writ petition and the said aspect of the matter can be decided in a proceedings pending before the appropriate forum. It was further observed that the Respondent/GMC Authorities cannot refuse to accept the application for issuance of trade license. It was directed that if the petitioners submit application seeking issuance of trade license, the same ought to be considered by the authorities in accordance with law and dispose off by issuing a reasoned order.