RAM CHANDRA SHARMA Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2020-12-8
HIGH COURT OF MEGHALAYA
Decided on December 01,2020

RAM CHANDRA SHARMA Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

H.S.Thangkhiew, J. - (1.) Matter taken up via Video Conferencing.
(2.) This writ petition has been filed assailing the show cause notice dated 13.09.2014 issued by the respondent No. 3 under The United Khasi Jaintia Hills District (Trading by Non-Tribal) Regulation, 1954 as amended up to date. The petitioner replied to the show cause dated 23.09.2014 and also being aggrieved thereby has come before this Court raising the question as to the jurisdiction of the respondent No. 3 to interfere in his running of his business, inasmuch as, he is a license holder of the Shillong Municipal Board and is operating in the Municipal market at Laitumkhrah.
(3.) Mr. A.S. Siddiqui, learned counsel for the petitioner in his submission has taken this Court to paragraph 10 (2) (d) of the Sixth Schedule of the Constitution of India and submits that the regulation i.e. The United Khasi Jaintia Hills District (Trading by Non-Tribal) Regulation, 1954 has travelled beyond the legislative competence of the District Council by encompassing the professions which is out of the purview of para 10 (2) (d) of the Sixth Schedule of the Constitution of India.;


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