Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 15008 (GAU)

NAND KISHORE MUNDHRA v. THE STATE OF ASSAM AND 4 ORS

WP(C)/3641/2025 · 2025-06-26

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010140022025 2025:GAU-AS:8742 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3641/2025 NAND KISHORE MUNDHRA S/O- SRI RAM DAYAL MUNDHRA, PROPRIETOR OF M/S R.D. TRADING CO., R.B. LANE, WARD NO. 6, P.O., P.S. AND DIST. JORHAT, ASSAM, PIN- 785001. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOUSING AND URBAN AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-6. 2:JORHAT MUNICIPAL BOARD REPRESENTED BY THE CHAIRPERSON JORHAT PIN- 785001 ASSAM 3:THE CHAIRPERSON JORHAT MUNICIPAL BOARD UNNYAN BHAWAN A.T. ROAD JORHAT-785001 ASSAM 4:THE EXECUTIVE OFFICER JORHAT MUNICIPAL BOARD DIST. JORHAT ASSAM PIN- 785001. 5:RAJESH KUMAR AGARWALLA Page No.# 2/3 S/O- LATE MAHAVIR PRASAD AGARWALLA P.O. P.S. AND DIST. JORHAT ASSAM PIN- 785001 Advocate for the Petitioner : MR. D BARUAH, MR. P K BORDOLOI Advocate for the Respondent : GA, ASSAM, SC, J M B BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 27-06-2025 Heard Mr. D. Baruah, learned counsel for the petitioner, who submits that the petitioner is running a cloth and readymade garments business in the name and style of M/s R.D. Trading Company at a rented showroom at R.B. Lane, Jorhat, by executing a Tenancy Agreement with the landlord (respondent No.5) on 01.08.2016. The petitioner had also been granted a trade licence by the Jorhat Municipal Board since 2016. However, the trade licence is to expire on 30.06.2025 and due to the impending expiry of the trade licence, the petitioner had submitted a representation dated 08.04.2025 to the respondent No.3, to issue a provisional trade licence or to renew the trade licence. 2. The petitioner’s counsel submits that the respondent No.3 has not taken a decision on the petitioner’s representation on account of the respondent No.5 having apparently raised some objections for the renewal of the petitioner’s trade licence. The petitioner’s counsel submits that the writ petition can be disposed of, if the petitioner’s representation dated 08.04.2025 is decided by the respondent No.3 and till a decision is taken by the respondent No.3, the petitioner should be allowed to continue running his shop. Page No.# 3/3 3. Mr. H.K. Sarma, learned counsel for the respondent Nos.2, 3 & 4 and Mr. M. Chetia, learned counsel for the respondent No.1 submit that they have got no objection to the prayer made by the petitioner’s counsel. 4. In view of the consent of the parties, the respondent No.3 is directed to take a decision on the petitioner’s representation dated 08.04.2025, within a period of 1(one) month from the date of receipt of a copy of this order, which shall be furnished by the petitioner, within 1(one) week from today. The respondent No.3 shall thereafter take a decision with regard to the petitioner’s prayer for renewal of the trade licence, after giving an opportunity of hearing to the petitioner and the respondent No.5. Till a decision is taken, the petitioner should be allowed to continue running his shop. It is made clear that the continued running of the shop is limited only for 1(one) month, w.e.f. the date of submission of this order to the respondent No.3 by the petitioner, which should be done within 1(one) week from today. 5. The writ petition is accordingly disposed of. JUDGE Comparing Assistant