Sir we are running a shop for more than 20 years, we are also having trading licence. but for renewal of Trading License we need N.O.C (No objection certificate) from Local Headman. but this year He is not issuing to me. but he has issued for every one also those who are doing business from last 2 years. the reason he is giving is we don't interact with him regularly. soo he will not issue a noc for running our business this year. This shop is the only option for the livelihood of our Family, Please suggest sir what can we do. If someone is not issuing a noc for personal reasons
1. First check whether the Head man has statutory authority to issue such NOC r not.
2 If yes then you can have the right of giving written representation and on finding no result can file writ petition.
3. Since there is no resections on running your business so far in the writ petition you can have the necessary remedy.
1) you need his NOC for renewal of trading licence
2) without his NOC no trade licence would be issued to you
3)offer to pay him some money for issue of NOC
Sir if the headmen is statutorily authorised to issue NOC and he refuses file a petition before high court praying for direction for head man to issue NOC.
Who is this headman? What is his authority? Please clarify his status.
I am ready to Pay Some Money also but he is not issuing N.O.C for his personal reasons Headman in North East States is like Head of that Area who is Authorized to issue any Residential Certificate etc for the locality Specially in Meghalaya District council also ask for the local headman certificate for Renuel or Issue of Trading Licence
Then file the writ petition as already advised.
what is the procedure for filing writ petition and what document I will be needing to do that
Since he is not willing to issue NOC your licence would not be renewed
Engage an advocate who would do everything including make you understand the procedure.
Ok. Write a letter to the head man to issue noc for your shop
also add that you need to run the shop as and only means of livelihood of your family. So in case of rejection reasons for such rejection alongwith the requirements as per prescribed rules and procedure be informed to you for taking necessary steps for fulfilling such requirement from your end.
if he does not act within a reasonable period of time file a writ petition direct in the high court.
See approach high.court engage an advocate to.file.writ if he is because of his personal reasons not issuing same.
Sir have evidence or endorsement of letter that you request head man for NOC and he denied for same.
You need to approach civil court for the same
you can file or draft a writ petition under Article 226 in the High Court pls consult local lawyer in this regard.
If the local headman comes under the Tehsildar or any other revenue head within your tehsil, then you may approach him/her with an application stating that the local headman is not granting NOC as you did not oblige his needs.
If this effort also fails then you may approach court seeking direction to the local headman for furnishing NOC or to give reason for not doing so.
The court will decide about it and pass orders accordingly if he refuses to do so.
You may take steps to approach the higher authority of this local headman and get the task completed, if that effort also fails then you may approach court seeking direction to the local headman to issue NOC .
Consult a local advocate and proceed.
The filing procedure for filing the writ petition is to contact an advocate practicing law in high court who will be able to guide you about the entire things including the documents that are required to be filed before high court supporting your claim or pleading.