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MANISH CHOUDHURY
Car Servicing Center – Appellant
Versus
Gauhati Municipal Corporation – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
Heard Mr. S.P. Roy, learned counsel for the petitioners and Mr. S. Bora, learned Standing Counsel, Gauhati Municipal Corporation [GMC] for the respondent nos. 1, 2 & 3.
2. Mr. Roy, learned counsel for the petitioners has submitted that the name of the respondent no. 4 can be struck off from the array of respondents.
3. In view of the above submission made by Mr. Roy, the name of the respondent no. 4 is struck off at the cost and risk of the petitioners. The Registry to do the needful.
4. In view of the limited nature of challenge made in this writ petition on the ground of violation of principle of natural justice and the instructions received by Mr. Bora, learned Standing Counsel, GMC in deference to the Order dated 20.01.2025, this writ petition is taken up for consideration at the motion stage itself, as agreed to by the learned counsel for the parties.
5. The case projected by the petitioners, briefly, is that they were running a business of car washing center from an ekchalia Assam Type house by obtaining a trade licence from the respondent GMC. The petitioners were running the business from the said pre
Cancellation of a trade licence without prior notice or opportunity to be heard violates principles of natural justice as mandated by Section 378(3) of the GMC Act, 1971.
Cancellation of Trade Licences without due process and proper notice constitutes a violation of the principles of natural justice.
The cancellation of a trade license must adhere to due process, allowing alternative documentation; arbitrary grounds violate the right to trade.
The central legal point established is the requirement of a show cause notice and compliance with natural justice principles before the cancellation of a trading license.
Point of Law : Cancellation of license – Sale of stamp papers over and above the actual price - Cancellation of license of the petitioners by way of the impugned order is violative of principles of n....
A breach of natural justice due to non-service of notices invalidates administrative actions unless an alternative statutory remedy exists, which the petitioner must pursue.
The court underscored the necessity of adhering to principles of natural justice, requiring that administrative orders affecting rights must include clear reasoning and a fair opportunity for respons....
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