HARINDER SHAH Vs. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) HEARD Mr. AS Siddiqui, learned counsel for the petitioner and Ms. PS Nongbri, learned counsel for the respondent No. 1 -3.

(2.) CONSIDERING the submissions of the learned counsel appearing for the parties as well as the prayer made in the present writ petition, this writ petition is taken for disposal at this stage.

(3.) THE father of the respondents No. 4 & 5 had applied for trading licence to the respondent No. 2, who after due inquiry and on being satisfied of the existence of the condition precedent for the grant of licence as provided under Section 3A of the Khasi Hills District (Trading by Non -Tribal) Regulation, 1954 (for short 'the said Regulation of 1954') granted trading licence to the father of the respondent No. 4 & 5 for the Stall No. 359/B under the occupation of the petitioner in terms of the said Tenancy Agreement. It is also stated that the petitioner and the respondents No. 4 & 5 had applied for renewal of the trading licence, terms of which expired on 31.03.2013. Without giving any notice, the respondent No. 3 closed the shop of the petitioner in the Stall No. 359/B on 27.08.2014 and all the merchandise stocked in the said three storied RCC building were also seized and kept inside the shop, which is now in the custody of the petitioner, by sealing the shop. In this writ petition, the petitioner is praying for directing the respondents No. 1 -3 to open the said shop of the petitioner in the Stall No. 359/B and also to release all the seized stock of the petitioner in the said shop by following the procedures prescribed under the said Regulation, 1954.