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Trade license & local municipality

(Querist) 01 February 2017 This query is : Resolved 

I have given a shop in rent 2012 for 1 year contract
agreement on Rs.10/- stamp paper. The tenant got 'Trade License'
on basis of that agreement from Local Municipality .
After the contract period over ,the tenant did not vacate the shop ,
neither paid rent, but still the 'Trade License' is renewed every year .

My Question is
1) Can i Inform 'Local Municipality' by writing letter,
that tenant is no more tenant with me. Without my consent or court order ,'Trade License'
should not be renewed ?

2) 'Local Municipality' comes under RTI act ? Can i send RTI to know what document they are submitting to renew 'Trade License' ?

3) Can I send letter to 'Local Municipality’ , to inform them that tenant have made illegally contraction on Municipality area beyond my area also ?
Rajendra K Goyal (Expert) 01 February 2017
You asked:
1) Can i Inform 'Local Municipality' by writing letter, that tenant is no more tenant with me. Without my consent or court order ,'Trade License' should not be renewed ?

Reply:

He is having business in the premises till vacated. Payment of rent not related with license. You may write to Municipality not to renew license till rent agreement renewed. Municipality would agree is doubtful.

You asked:
2) 'Local Municipality' comes under RTI act ? Can i send RTI to know what document they are submitting to renew 'Trade License' ?

Reply: Such documents related to other concern may not be provided through RTI. However, no harm in trying.

3) Can I send letter to 'Local Municipality’ , to inform them that tenant have made illegally contraction on Municipality area beyond my area also ?

Reply:

You can.
Kishor Mehta (Expert) 01 February 2017
Sir/Madam,
It all depends on the applicable laws of your state.
However an unregistered agreement may not be accepted as evidence in a Court of Law.
You may approach the local Municipality for cancellations of the license.
You had better contact an advocate in your own interests.
Good luck,
Kishor Mehta
Bani Misra (Querist) 02 February 2017
Kishore Sir , The property is of Kolkata , West Bengal and the agreement is not registered.Tenant Occupied the shop forcefully.They have build extra area ,paying
electric bill self , while electric bill comes in my name , they do not allow me to see the electric bill.They are paying and receving the electric bill . Not only that , tenant have disconnected electric connection from rest of the property also.

1)What will be the best option to cancel trade license ?


Guest (Expert) 02 February 2017
Well Advised by Expert/Advocate Mr Kishor Mehta
Bani Misra (Querist) 02 February 2017
Thanks you experts
Rajendra K Goyal (Expert) 02 February 2017
Discuss in detail with local layer and proceed accordingly to save your interest.
Bani Misra (Querist) 06 February 2017
Thank MR. Rajendra K Goyal


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