Authority: High Court of Meghalaya, Shillong

Order Date: 11-11-2026

Case Overview

  • Petitioner: North Eastern Security Service (NESS) Private Ltd., a private limited company providing security services, represented by Managing Director Sri Sarat Kalita.
  • Respondents: (1) State of Meghalaya, Municipal Administration Department; (2) Secretary to the Government of Meghalaya, Municipal Administration Welfare Department; (3) Khasi Hills Autonomous District Council (KHADC); (4) Licensing Officer, KHADC; (5) National Institute of Technology, Meghalaya (NIT Meghalaya); (6) Registrar, NIT Meghalaya.
  • The dispute arose from NESS’s bid on a Notice Inviting Tender dated 30‑06‑2025 issued by NIT Meghalaya (respondents 5 and 6). NESS was awarded the work order on 10‑12‑2025.
  • NESS already held a KHADC trading licence issued on 21‑10‑2025, valid until 31‑03‑2026, for two earlier works (Laitkor Peak and Kendriya Vidyalaya, Air Force Station). On 16‑01‑2026 it applied to include the new NIT work order in the existing licence.
  • The KHADC Licensing Officer, by letter dated 22‑01‑2026, rejected the inclusion, stating the existing licence was not meant for the new work. The Chief Executive Member of KHADC sent a letter dated 23‑01‑2026 directing cancellation of the contract and refusing further licences. A show‑cause notice dated 04‑02‑2026 was also issued to NESS regarding cancellation of the earlier licence dated 04‑02‑2026.
  • NESS argued the tender required only a “valid trading licence” and that it acted in good faith, unaware of the rejection letters, and that 134 employees depended on the contract.
  • Respondents argued NESS attempted to bypass the procedure by seeking inclusion rather than a fresh licence, constituting abuse of process.
  • The Court noted that the petitioner was never served the rejection or fraud allegation letters, denying it an opportunity to respond, and that the show‑cause notice was procedurally defective.

Final Outcome

  • The Court directed the KHADC to consider a fresh application for a trading licence for the new work order, strictly in accordance with the United Khasi‑Jaintia Hills District (Trading by Non‑Tribals) Regulation, 1954.
  • NESS is permitted to make a representation against the fraud allegation contained in the 23‑01‑2026 letter.
  • NESS must file the fresh licence application within 15 days of the order.
  • The interim orders previously issued remain in force until further orders.
  • The matter is disposed of.

Topics: Trading Licence, Security Services, Judicial Review