Saurav Kalita and Anr v. The State of Assam and 4 Ors

ORDER

20.09.2024 Heard Mr. N. Barman, learned counsel for the petitioner, who submits that the petitioner is running the restaurant called "The Urban Paradise". He submits that the said restaurant was sealed by the Guwahati Municipal Corporation vide notice dated 05.09.2024, on the ground that the business was being run without a valid trade licence.

¶2The petitioner's counsel submits that a fresh valid trade licence has been issued by the GMC to the petitioner on 06.09.2024. Accordingly, the petitioner should be allowed to open his restaurant, after all the required penalties are paid by the petitioner.

¶3Mr. S.R. Baruah, learned counsel appears for the respondent Nos. 1 & 2.

¶4Mr. S. Bora, learned counsel appearing for the GMC submits that the Page No.# 3/3 petitioner should approach the GMC with a representation along with the valid trade licence. Thereafter, as and when the petitioner pays the fine, if any, payable to the GMC, the petitioner's restaurant will be de-sealed for business.

¶5In view of the submissions made by the counsels for the parties and keeping in view the fact that the petitioner has obtained a fresh trade licence on

06.09.2024, the petitioner is given the liberty to approach the GMC authorities for de-sealing his restaurant. Accordingly, if the petitioner approaches the GMC authorities with a request to de-seal his restaurant, the GMC authorities should allow for the same after all the required fees/penalties are paid by the petitioner. The entire exercise of de-sealing the restaurant should be completed within 2(two) days from the date of receipt of the application for de-sealing the restaurant, subject to the condition that the petitioner pays all the required fees and penalties payable.

¶6The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010194262024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4811/2024o SAURAVoKALITAoANDoANRo S/OoLATEoDINESHoKALITA,o RESIDENToOFoPANJABARI,oKALAKSHETRA,oJILIKAoPATH,oLIMoENCLAVE,oA BLOCK,oFORTHoFLOOR,oPOoBAGHARBARI,oPSoDISPUR,oGUWAHATIo,o KAMRUPoMoASSAMo781037 2:oSRIoPRAHLADoKALITA oS/OoLATEoHARICHARANoKALITA.o RESIDENToOFoPANJABARI oKALAKSHETRA oJILIKAoPATH oLIMoENCLAVE oAoBLOCK oFORTHoFLOOR oPOoBAGHARBARI oPSoDISPUR oGUWAHATIo oKAMRUPoMoASSAMo78103o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDISPUR,o GUWAHATIo781006 2:THEoPRINCIPALoSECRETARY oURBANoDEVELOPMENToDEPARTMENT oGOVT.oOFoASSAMoDISPURoGUWAHATIo781006 3:THEoSECRETARY oGUWAHATIoDEVELOPMENToDEPARTMENT oASSAMoGOVT.oOFoASSAMoDISPURoGUWAHATIo781006 4:THEoCOMMISSIONER Page No.# 2/3 GUWAHATI MUNICIPAL CORPORATION BHANGAGARH KAMRUPM GUWAHATI 781001 5:THE COLLECTOR GUWAHATI MUNICIPAL CORPORATION GANESHGURI KAMRUPM GUWAHATI 78100 Advocate for the Petitioner : MR N BARMAN, MS J BARMAN,K BORO Advocate for the Respondent : GA, ASSAM, SC, GDD,SC, GMC BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA