Issuing shop licence , with out verifying the true fact efff
kamal krishan
(Querist) 11 September 2016
This query is : Resolved
Sir , the shop inspector , ( labour inspector ) has issued the licence to a person , who is not my TENANT , . I informed the inspector for the wrong full got done . But no action is being taken by the inspector on question .
Kindly guide , what to do . As wrong man would exploit me .
Raj Kumar Makkad
(Expert) 11 September 2016
You are required to challenge such license in writing. Merely intimation shall not work.
Guest
(Expert) 11 September 2016
Dear Kamal Krishan,
Your query is totally absurd, when you have not stated, whether your shop is in the possession of that man on rent or otherwise and since when.
Also, how do you feel that the wrong man would exploit you?
Kumar Doab
(Expert) 11 September 2016
Go thru Shops & Establishment Rules.
The Inspectorate should have it on its website or pursue RTI route.
Apparently act, is without Inspection.
Inform under proper acknowledgment.
If required complain to Chief Inspector.
adv.bharat @ PUNE
(Expert) 11 September 2016
Author need to explain the query raised by expert.
Guest
(Expert) 12 September 2016
Mostly he got registration because last month in Maharashtra rules where changed that shop visit is not necessary while issuing shop registration under shop act.
Only thing which is concerning is which document he attached while applying , this documents you need to take in RTI and immediately take necessary legal steps.
All depends upon detail case analysis
Kumar Doab
(Expert) 12 September 2016
Such rule is not in interest of public at large.
kamal krishan
(Querist) 12 September 2016
I m obliged , by experts .
The facts r as under ,
Mr A_, was in agreement as TENANT , for 11 ,month in year 2011 . After the expiry period , The shop was rented to the brother of A , and Mr A worked with with his brother here in after named as B .
But the A had shop licence , during his tenancy period , and he got it renewed up to 2016 . And during this ten over B shifted to other place due to the family dispute . . between them
Now the matter is like this,
Mr A is in possession , having old bardated agreement .
And my contest is that Mr A can't have the renewal of licence , in absence of valid agreement , . More he has become
Malicious and bad pay master as not paying even the rent to me So please help with you r opinion .
Guest
(Expert) 13 September 2016
First thing you are using terms of protected tenant and not Leave and license
Second this even simple usage what agreement you have done in reality is required to be studied
Third Possession is with one of the brother , he has shop keeper registration , he has old agreement .
See this rent act matter can go for years in court if not handled properly
Better handle tactfully and also with opinion of experienced Advocate who handles Rent Act matter.
Because for me most concern thing is that he has possession whether legal or illegal or exact legal consequence only Court can decide
Guest
(Expert) 13 September 2016
Mr. Kamal Kishore,
In fact, instead of the real issue, you have asked for solution to your secondary issue. Your question should have been about eviction of the tenant, not about why he got the license for a shop.
Moreover, your original question was about issue of license, but not about renewal of licence, as your statement reveals, "the shop inspector , ( labour inspector ) has issued the licence to a person , who is not my TENANT."
Not only that you have also wrongly classified your problem under the Labour & Service, laws, while that pertains to property law being related to your property
SO, YOUR QUESTION BECOMES ABSURD ON ALL THE COUNTS.
About shop licence to your tenant, there is a marked difference between action of "issue" of a new licence and "renewal" of the existing license.
The licence was issued during his legal tenancy, while you raised question of issue of licence after expiry of his tenancy.
Do you think that you could get right advice if you hide the real facts?
You can't do anything with the renewal of license till Mr. A is in occupancy of the shop, as the Inspector of Shops & Establishment has no concern with your internal matters, if he is running a shop.
Now you have the need to file a case of eviction of the tenant, as the agreement is expired. The matter of license of shop will automatically be solved.
kamal krishan
(Querist) 17 September 2016
Thank u all experts .
Pl accept my due regards , I m obliged .
Guest
(Expert) 17 September 2016
You are welcome. But always be truthful about facts when posting any query.
Rajendra K Goyal
(Expert) 21 September 2016
Agree with the expert P.S. Dhingra ji.
Kumar Doab
(Expert) 21 September 2016
Agreed with expert Mr. Dhingra.
Pots full facts in 1st query.
