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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
By The Way – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. S. J. Sharma, the learned counsel appearing on behalf of the petitioners and Mr. S. Bora, the learned Standing counsel appearing on behalf of the respondent Nos. 1, 2 and 3.
2. The petitioners herein are aggrieved by the action on the part of the respondent authorities in forcefully realising an amount of Rs.1,50,000/- on the ground that the petitioners were running a business with an invalid trade license and serving hookah without trade license.
3. The materials on record show that the petitioners prior to the starting the business sought for a No Objection from the Commissioner, Guwahati Municipal Corporation to run the trade of hookah bar. The Commissioner, GMC issued a No Objection Certificate on 11.04.2019 in favour of the petitioners. One of the stipulations contained in the said No Objection Certificate is that the petitioners have to obtain a trade license.
4. The materials on record further show that on 20.05.2022, the petitioner No.1 hereinafter referred to as the petitioner firm was issued a trade license for running a restaurant having above 30 seats for the year up to 31.03.2023. It is further seen that the license fee was Rs.8,6
The imposition of fines by a statutory authority must adhere to procedural due process, including prior notice; failure to do so contravenes principles of natural justice.
Compliance with the provisions of the Act of 2003 and the Rules framed thereunder is essential for operating restaurants, and specific undertakings can allow the operation of Hookah Bars within the s....
Interference by authorities in business activities must comply with due process; businesses need to meet licensing requirements under public health laws before operating smoking areas.
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