Gauhati High Court
Page No.# 1/3 vs The Bongaigaon Municipality And Anr on 16 December, 2020
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010112752019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3871/2019
KRISHNA DAS SAHA AND 2 ORS.
S/O- NABADWIP CH. SAHA, PROPRIETOR OF M/S SANKHA BHANDAR, R/O-
T.R. PHUKAN ROAD, P.O. AND P.S. BONGAIGAON, DIST- BONGAIGAON,
ASSAM
2: MINATI SAHA
W/O- LT SUDARSHAN SAHA
PROPRIETOR OF M/S NEW FANCY STORES
R/O- T.R. PHUKAN ROAD
P.O. AND P.S. BONGAIGAON
DIST- BONGAIGAON
ASSAM
3: GAURANGA DAS
S/O- LT DHIREN CH. DAS
PROPRIETOR OF M/S PRASANNA BHANDAR
R/O- SURJYA SEN ROAD
P.O. AND P.S. BONGAIGAON
DIST- BONGAIGAON
ASSA
VERSUS
THE BONGAIGAON MUNICIPALITY AND ANR.
REP. BY ITS CHAIRMAN SRI DIPU CHOUDHURY, P.O., P.S. AND DIST-
BONGAIGAON, ASSAM, PIN- 783380
2:JAYANTA DEY
S/O- LT MANINDRA DEY
R/O- MAIN ROAD
BONGAIGAON
P.O. P.S. AND DIST- BONGAIGAON
ASSAM
PIN- 78338
Page No.# 2/3
Advocate for the Petitioner : MR S S SHARMA
Advocate for the Respondent : MR. A SATTAR
BEFORE HON'BLE MR. JUSTICE SUMAN SHYAM 16.12.2020 Heard Mr. SS Sharma, learned senior counsel assisted by Mr. BJ Mukherjee, learned counsel for the petitioners. Also heard Mr. KM Haloi, learned counsel appearing for the respondent No.1 and Mr. A Sattar, learned counsel appearing for the respondent No.2.
The writ petitioners herein are occupying rented premises in respect of which the respondent No.2 is the landlord. Alleging that the premises are in dilapidated conditions, the landlord initiated proceedings for ejectment of the tenants including the petitioners, by filing Title Suit Nos.87/2018, 90/2018 and 93/2018 which are pending before the Court of Civil Judge, Bongaigaon. The petitioners are engaged in running their businesses/shops based on trade licence issued by the Bongaigaon Municipality, i.e. the respondent No.1. However, in view of the objections raised by the landlord, the respondent No.1 has declined the request for renewal of trade licences made by the petitioners. Situated thus, the present writ petition has been filed.
Mr. Sattar, learned counsel for the respondent No.2 submits that the apprehension of his client is to the effect that if the trade licences are renewed pursuant to order of this Court, the same may impinge on the claim of his client in the pending civil suits and also would come in the way of execution of decree, if any, passed therein. Mr. Sattar has, however, fairly submitted that the intension of his client is not to prevent the livelihood of the petitioners but to secure vacant possession of the tenanted premises at the earliest by following the due process of law.
Mr. KM Haloi, learned counsel for the respondent No.1 submits that if an order is passed by this Court, the respondent No.1 would comply with the same.
Page No.# 3/3 Taking note of the submissions of learned counsel for the respondents and in view of the relief prayed for in this case, I deem it appropriate to pass an order directing the respondent No.1 to renew the trade licences of the petitioners without insisting on NOC from the landlord i.e. the respondent No.2.
It is made clear that this order directing renewal of the trade licences would in no way come in the way of respondent No.2 in pursuing appropriate legal remedy against the petitioners for their ejectment and securing vacant possession of the tenanted premises.
The direction for renewal of the trade licences of the petitioners would, however, be subject to the condition that the petitioners fulfill the requirement of law as prescribed by the Assam Municipal Act, 1956 and also pay the requisite renewal fee. This order be complied with, as expeditiously as possible, but not later than 3 (three) weeks from today.
With the above observations, this writ petition stands disposed of.
Copy of this order be furnished to Mr. KM Haloi, learned counsel for the respondent No.1.
JUDGE Comparing Assistant