Page No.# 1/4 GAHC010073042026 2026:GAU-AS:5312 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2064/2026 KALPANA DAS W/O SRI ROBIN DAS, R/O VIP ROAD WARD NO. 15, P.O., P.S. AND DISTRICT- TINSUKIA, ASSAM, PIN- 786125 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 6 2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM DISPUR GUWAHATI-6 ASSAM 3:THE DISTRICT COMMISSIONER TINSUKIA ASSAM PIN- 786125 4:THE TINSUKIA MUNICIPAL BOARD TINSUKIA DISTRICT- TINSUKIA ASSAM PIN- 786125 5:THE EXECUTIVE OFFICER TINSUKIA MUNICIPAL BOARD DISTRICT- TINSUKAI ASSAM PIN- 78612 Page No.# 2/4 Advocate for the Petitioner : MR. A K GUPTA, MS M NIROLA,MR. R S MISHRA,MS. M DEY Advocate for the Respondent : GA, ASSAM, SC, TINSUKIA MUNICIPAL BOARD BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 08-04-2026 Heard Ms. M. Nirola, learned counsel for the petitioner; Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent nos. 1, 2 & 3; and Mr. S. Borthakur, learned counsel for the respondent nos. 4 & 5. 2. The petitioner has stated that she was carrying on the business/trade of scrap materials in a damp in the name and style of M/s Kalpana Damp. The damp is situated at Hijuguri VIP Road, Ward No. 15, P.O. & P.S. Tinsukia, Assam, which is within the territorial jurisdiction of the respondent Tinsukia Municipal Board. The petitioner has stated that she was running the business after obtaining a trade license bearing no. SCP/196 and subsequently re- numbered as UAIN:DMA-RTADE/2023/15056, which was issued by the respondent Municipal Board. The last renewal was up to 30.03.2024. 3. On 18.12.2023, a Show Cause Notice was served upon the petitioner asking the petitioner to show cause as to why the trade license of the petitioner should not be revoked/cancelled and as to why the damp premises should not be sealed with immediate effect. In response to the Show Cause Notice, the petitioner submitted a reply on 20.12.2023. But without providing any Page No.# 3/4 opportunity of personal hearing, the respondent no. 5 has cancelled the trade license of the petitioner by an Order dated 27.12.2023 purportedly exercising power under Section 231 of the Assam Municipal Act, 1956, as amended. By the Impugned Order dated 27.12.2023, the petitioner was directed to stop any activity in the damp premises till further order. 4. Aggrieved by the impugned Order of Cancellation dated 27.12.2023, the petitioner had preferred an appeal under Section 233 of the Assam Municipal Act, 1956 before the respondent no. 3 on 29.10.2025. As the said appeal has not been given consideration by the appellate authority i.e. the respondent to. 3 till date and as a result, the livelihood of the petitioner has been affected during the interregnum, the petitioner is before this Court by the instant writ petition seeking inter alia a direction to the respondent no. 3 to consider the appeal on merits and thereafter, to dispose of the same in an expeditious manner. 5. Mr. Gogoi, learned Additional Senior Government Advocate, Assam appearing for the respondent nos. 1 – 3, more particularly, respondent no. 3 has submitted that if the appeal preferred by the petitioner under Section 233 of the Assam Municipal Act, 1956 is still pending before the appellate authority [the respondent no. 3], a direction may be issued to the appellate authority to take the appeal for consideration and thereafter, to dispose of the same on its own merits by a reasoned order. It is submitted that a period of 6 [six] weeks would be reasonable and sufficient for the appellate authority to consider and dispose of the appeal considering the fact that presently, the Model Code of Conduct is in force. Page No.# 4/4 6. Ms. Nirola, learned counsel for the petitioner has submitted that the petitioner is agreeable to the stipulated time period, as proposed, to dispose of the appeal by the appellate authority. 7. This Court is of the considered view that since the damp was being run by the petitioner on the basis of the trade license issued, the cancellation of the trade license has impacted the livelihood of the petitioner. As against the Order of Cancellation, the petitioner has preferred an appeal on 29.10.2025 and a period of more than 6 [six] months have elapsed in the meantime. The respondent no. 3, who is discharging statutory functions as the appellate authority, is expected to consider and dispose of the appeal in the right earnest. Taking into account that presently, the Model Code of Conduct is in force, this writ petition is disposed of with a direction to the respondent no. 3 to consider the appeal filed by the petitioner on 29.10.2025 in an expeditious manner on its own merits and to dispose of the same by a reasoned order as expeditiously as possible, but on or before 31.05.2026. 8. This Order disposes of the writ petition. JUDGE Comparing Assistant