Smti. Pronami Konwar Saikia v. The State of Assam and 3 Ors

ORDER

21.06.2024

¶1Heard Mr. D.K. Nath, learned counsel for the petitioner, who submits that the petitioner has been threatened constantly by the Guwahati Municipal Council

(GMC) officials to vacate the hotel, which she is running by the name of "Hotel Patkai" at Khanapara, near Taxi Stand for the last 3 years.

¶2The petitioner's counsel submits that the petitioner has obtained the necessary Trade Licence from the GMC, Guwahati and cleared all taxes payable for running the hotel. However, the GMC officials have threatened her that she would be evicted from the said hotel by giving verbal threats. He accordingly prays that the respondent authorities should be restrained and the petitioner should not be made to vacate her hotel.

¶3Mr. S. Bora, learned counsel for the GMC submits that no threats have been made to the petitioner for vacating her hotel verbally. He submits that if the petitioner is to be evicted from the hotel due to not having the required permits or conditions for running the hotel, she would be given a prior show-Page No.# 3/3 cause-notice in writing.

¶4I have heard the learned counsels for the parties.

¶5On a pointed query made to the counsel for the petitioner, as to why the petitioner was being threatened by the GMC officials, the petitioner's counsel submits that he does not know the reason for the threats given to the petitioner.

¶6On considering the fact that Mr. S. Bora, learned Counsel for the GMC has submitted that if there is any reason for respondent authorities to take any action against the petitioner including evicting her from the hotel, the same would be preceded by a written show-cause-notice and keeping in view the fact that the writ petition has been made on an apprehension without any proof, this Court does not find any ground to exercise it's discretion. The writ petition is accordingly dismissed.

JUDGE Comparing Assistant

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