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2021 Supreme(Gau) 256

SUMAN SHYAM
True Wellness Venture Pvt. Ltd. – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
M. Bhattacharjee, Advocate, P.N. Goswami, Advocate

JUDGMENT

Suman Shyam, J. - Heard Mr. P. N. Goswami, learned counsel appearing on behalf of the writ petitioners. I have also heard Ms. M. Bhattacharjee, learned Standing Counsel, Guwahati Municipal Corporation (GMC), appearing for the official respondents.

2. It appears that the writ petitioners herein were operating their respective restaurant-cum-"Hookah Bars" in different locations within the city of Guwahati on the basis of trade licences issued by the Guwahati Municipal Corporation (GMC) authorities. Their trade licences was also renewed from time to time. However, pending consideration of their request for renewal of trade licences, on 03.10.2020, the respondent No.3 had written to the Government of Assam seeking clarification as to whether, the GMC authorities can go ahead and issue trade licence to Hookah Bars. In response to the communication dated 03.10.2020, the Deputy Secretary to the Government of Assam, Guwahati Development Department, had issued reply dated 19.10.2020, according to which, the Government of Assam would not allow operation of tobacco encouraging places like Hookah Bars. Acting on the communication dated 19.10.2020, the respondent No.3 had issued the impu

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