RELIEF & REHABILITATION COLONY WELFARE SOCIETY Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) With reference to the order dated 21.10.2019, learned counsel for the petitioners submitted that there is no occupier by the name of Shri Dinesh Kumar Choudhury whereas, in fact the shop was occupied by one Shri Suresh Kumar Sharma who has since left the shop. In so far as Shri Kamalendu Biswas is concerned, he does not have a valid trading license as on date. However, his application seeking trading license is pending with the District Council. As regards Shri Partha Das, learned counsel for the petitioners referred to Annexure-2 of the affidavit filed on behalf of the petitioners in the Court today wherein, it has been stated that the trading license of Shri Partha Das had been issued on 12.03.2007 by the District Council. However, his application for renewal of the same has been made to the District Council which is pending. In respect of Shri Saiful Islam, learned counsel pointed out that he is a hawker and is not occupying any shop and has nothing to do with the petitioner-association.

(2.) Accordingly, the interim order dated 08.07.2019 directing the respondents to open the shops of the petitioners is modified and the same shall not be applicable in the case of Shri Dinesh Kumar Choudhury, Shri Kamalendu Biswas and Shri Saiful Islam however, it shall continue to operate in the case of Shri Partha Das.

(3.) Learned counsel for the respondents submitted that the order dated 08.07.2019 as passed in the instant petition was in the case of the Society and not as individual member.