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| No restriction on outsiders doing trade in J&K: HC | | | EARLY TIMES REPORT
Jammu, May 30- The Jammu and Kashmir High Court today clarified that the Constitution permits inter-state trade and commerce and any restriction imposed in such trade and commerce, would be violative of the Constitution. No such restriction can be imposed by the respondents regarding the grant of license to do the business, as this is not countenanced by any provision of law enacted by the state which would be regulatory in nature, the Court ruled.
While disposing off a petition filed by Rehries and Chabbas running their business in the Municipal limits of Jammu challenging the lump sum fee of Rs.2500 per year and eligibility for license only to permanent residents of the state, Justice Sunil Hali of Jammu and Kashmir High Court observed that such restriction can be imposed only in respect of acquiring an immovable property or seeking a job.
Justice Hali further observed that the contention of petitioners that the license will be granted only to the permanent residents of state, the same is not inconsonance with the provisions of the constitution.
After hearing Advocate BB Kotwal appearing for the petitioners, Additional Advocate General Seema Shekhar appearing for the state and Advocate SS Nanda appearing for the Jammu Municipal Corporation, Justice Hali disposed off the petition with the direction that the petitioners will be entitled to run their business provided they pay Rs 2500 per annum license fee and restriction imposed by virtue of public notice in respect of non-residents of the state of J&K shall be deemed to be inoperative.
Justice
Sunil Hali after perusing the record observed that prima-facie there is no substance in arguments of the counsel for the petitioners that there is quantum jump in respect of the license fee which is required to be paid by the petitioners. In the opinion of the Court, the enhancement in the fee would be in no way irrational or oppressive and further clarified that all those persons who are doing business of Rehries and Chabbas would be entitled to seek license subject to such regulation which regulates the grant of such license by the Municipality. JNF
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