the goan I network
MARGAO
Ms Pace Tel Systems Ltd have knocked the doors of the High Court to quash and set aside the municipality's order dated September 29 revoking the license.
The writ petition is expected to come before the High Court on October 7 for admission.
In the writ petition, the company has submitted to the court that in terms of the trade by-laws, the exclusive domain whether to grant, refuse, suspend or revoke the trade license is of the chief officer and not of the council, adding that the order passed by the civic body is without jurisdiction and contrary to the law.
"The council does not have jurisdiction to take any decision vis-à-vis the trade license and the same is within the exclusive jurisdiction of the chief officer," the company has pointed out to the court against the backdrop of the resolution adopted by the civic body calling for the revocation of the trade license.
Saying that it is the sale and service partner of Oppo mobile phones, the company has further drawn attention of the court that the Margao Municipal Council did not follow the principles of natural justice by pointing that the Civic body never served any show cause notice nor gave any hearing before passing the order.
In the petition, the company has prayed to the court to call for the municipal order dated September 29 and after examining the legality of the order, quash and set aside the same. Pending the disposal of the petition, the petitioners have prayed to the court to stay the council order and restrain the civic body from taking any coercive measures.
The petitioner has submitted to the court that in terms of the trade by-laws, the exclusive domain whether to grant, refuse, suspend or revoke the trade license is of the chief officer and not of the council
The order passed by the civic body is without jurisdiction and contrary to the law
MMC did not follow the principles of natural justice by pointing that the civic body never served any show cause notice nor gave any hearing before passing the order
