Directs the panchayat to renew the trade license for operating a general store on the usual terms subject to further orders in this petition.
Such renewal will have to be communicated to the Petitioner through formal order latest by 27th September 2021.
The panchayat will also have to file a detailed affidavit giving details of the renewal of trade licenses granted as of 01.04.2021, along with an explanation as to whether an inquiry was conducted in each of the cases.
Whether trade license was in respect of a structure for which licenses were produced by the party seeking such renewal. Such affidavit is to be filed within four weeks from today.
Goemkarponn desk
PANAJI: While the Chief Minister, Dr Pramod Sawant, continues his rhetoric on the Swayampurna Goa, Atmanirbhar Bharat, he has failed to understand what the ground reality is and how the Goans are being harassed for carrying outs small businesses while the outsiders are served the licences on a platter.
Yes, this is a reality; an 80-year old Goan senior citizen has to move High Court to get a simple trade licence renewal from Calangute panchayat, which is known for granting licences to massage parlours and dance clubs, which tarnish the image of Goa.
In this case, the Petitioner – Bernardo Fernandes was granted a trade license by the panchayat to operate a general store on Baga-Calangute road, near Piety chapel in 2007. From 2007 till 2018, this license has been renewed by the panchayat without raising any issue whatsoever. However, in the year 2019, the panchayat refused to renew this trade license purportedly on the ground that the Petitioner was unable to produce any documents concerning the legality of the structure.
The Petitioner has placed on record some instances where such an approach prima facie has not been adopted by the panchayat.
The Petitioner was 80 years of age on the date when this petition was filed in the year 2019.
His lawyer Rohit Bras De Sa submitted that on account of the refusal of the trade license renewal, the Petitioner had to close down the general store he was operating from 2007.
The High Court observed that interim relief is due to the Petitioner in the aforesaid peculiar facts of the present case.
“This is more so because returns filed by the panchayat do not indicate that the Petitioner, from the year 2007 onwards has breached any of the terms and conditions subject to which the trade license was issued,” it said.
Therefore, the Court says, “by way of interim relief, we direct the panchayat to renew the trade license for operating a general store on the usual terms. However, we clarify that this renewal will be subject to further orders in this petition by this Court since we propose to take up this petition for a final hearing at an early date.”
Such renewal will have to be communicated to the Petitioner through formal order latest by 27th September 2021, the HC order said.
“The panchayat will also have to file a detailed affidavit giving details of renewal of trade licenses granted as on 01.04.2021, along with an explanation as to whether in each of the cases an inquiry was conducted, whether trade license was in respect of a structure for which licenses were produced by the party seeking such renewal. Such affidavit is to be filed within four weeks from today. This is because the Petitioner has alleged discrimination,” Justice SMT. M. S. JAWALKAR and Justice M. S. SONAK said in the order.