MANORAM BIVAH BHAWAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioners being aggrieved with the order dtd. 3/12/2019 whereby the Executive Officer, Nalbari Municipal Board had directed the petitioners to close the Marriage Hall until further order.

(2.) It reveals from the records that the petitioners claim that they had applied for a licence to operate the Marriage Hall in the name of M/S Manoram Bivah Bhawan in the first floor of the building of the petitioners. The Nalbari Municipal Board, however, had kept the application seeking licence pending. It is an admitted fact that till date, no trade licence has also been issued to the petitioners. But the Nalbari Municipal Board has been realizing trade licence tax from the petitioners from time to time. This aspect of the matter is evident from Annexure Nos.2, 2A, 3, 3A, 4, 4A, 5 and 5A to the writ petition.

(3.) It is the further case of the petitioners that on 6/11/2019, a show cause notice was issued to the petitioners by the Executive Officer, Nalbari Municipal Board informing the petitioners that the said Bivah Bhawan/Marriage Hall was being run by the petitioners without a licence issued from the said Office. Under such circumstances, the petitioners were asked to show cause within 48 hours on receipt of the said notice as to why the Marriage Hall should not be sealed for running illegally without any Departmental licence.