HILL VIEW Vs. GUWAHATI MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard Mr. G Bhardwaj, the learned counsel appearing on behalf of the petitioners. Also heard Mr. S Bora, the learned standing counsel, Guwahati Municipal Corporation.

(2.) The instant writ petition has been filed by the petitioner challenging the notice dtd. 20/1/2024 issued by the Commissioner Guwahati Municipal Corporation whereby the petitioner's proprietorship firm was directed to close down its trade of home stay which the petitioner was carrying out in Flat Nos.A8A and Flat No.C-1B, situated at Ideal Hill View, VIP Road, Patharquarry, Guwahati, Kamrup(M), within Ward No.24 (old) 58 (new) of the Guwahati Municipal Corporation.

(3.) The brief facts leading to the filing of the instant writ petition is that the petitioner No.2 herein, who is the proprietor of a firm in the name and style of M/s. Hill View, which is the petitioner No.1 was running a bed and breakfast establishment in a flat owned by him being Flat No.-A-8A and another flat rented by him which was Flat No.-C-1B in the Ideal Hill View Apartment. Admittedly, the petitioner had a trade license for "Home Stay" having up to 15 beds (NON Air Conditioned establishment) for Flat No.A-8A. However, the petitioner No.2 did not have any trade license for running the bed and breakfast establishment for Flat No.C-1B which the petitioner had newly rented from its owner. Under such circumstances, the impugned notice was issued on 20/1/2024 by the Commissioner Guwahati Municipal Corporation for closing down the trade carried out by the petitioner in both the flats immediately, failing which, the premises would be sealed without any further intimation. The petitioners being aggrieved have therefore approached this Court by filing the instant writ petition.