ORDER

Heard Mr. S. Banik, learned counsel for the petitioner; Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development [P&RD] Department for the respondent nos. 1, 2, 4 & 5; and Mr. M. Chetia, learned Junior Government Advocate, Assam for the respondent no. 3.

2. In this writ petition preferred under Section 226 of the Constitution of India, the petitioner has sought for a direction to the respondent authorities, more particularly, the respondent no. 5 i.e. the Secretary, Jhargaon Gaon Panchayat, District – Morigaon to give an opportunity of hearing the petitioner in respect of an alleged complaint lodged against the petitioner.

3. It is averred in the writ petition that the basis for seeking such a direction is an endorsement made by the respondent no. 5 on an application submitted by the petitioner before him on 07.02.2026. By the application, the petitioner had sought for renewal of the trade licence which was earlier issued to him by the Jhargaon Gaon Panchayat to run a restaurant by the name and style of ‘Kakali Restaurant’ at Jhargaon Bazar, which is within the areas of said Gaon Panchayat. On the body of the said application, the respondent no. 5 had made an endorsement on 11.02.2026 to the effect that the request for renewal could not be accepted due to problems and complaints received from public.

4. The petitioner has also annexed a Notification bearing no. PDA.29/2022/11 dated 25.04.2022 issued by the State Government in the Panchayat and Rural Development [P&RD] Department, whereby the State Government has rescinded the requirement of issuance of trade licence by the Gaon Panchayat in setting up business activities, shops, etc.

5. In view of the Notification dated 25.04.2022 issued by the P&RD Department, Government of Assam, it is evidently clear that the respondent no. 5 has no power, authority and jurisdiction in matter relating to issuance of trade licences for setting up business activities, shops, etc. and therefore, it is inherent in the Notification that the Secretary of the Gaon Panchayat also does not have the power, authority and jurisdiction to renew the trade licence. Therefore, any endorsement made on the application for renewal submitted by the petitioner before him has no binding affect. Consequently, the writ petition is found to be a misconceived one and therefore, the same is closed.