Authority: High Court at Calcutta, Constitutional Writ Jurisdiction Appellate Side

Order Date: 27 October 2026

Case Overview

  • Parties: Sk. Imandar (petitioner) vs. The Kolkata Municipal Corporation & Others (respondents).
  • Counsel: petitioner represented by Sr. Adv. Pius Chaturvedi, Nilanjan Chatterjee, Dipankar Ghosh; respondents represented by Mr. Imtiaz Ahmed, Ms. Ghazala Firdaus, Ms. Smita Saha, Ms. Laboni Choudhury, Mr. Mohammed Arsalan.
  • Background: The petitioner operates a business named M/S Hotel Aqsha Palace located at 13 Marquis Street, Ward No. 062. An order dated 22 August 2026, purportedly issued by the Municipal Commissioner, directed the complete closure of this business and the suspension of the petitioner’s certificate of enlistment.
  • Issues Raised: The petitioner challenged the order on the grounds that it lacked the Municipal Commissioner’s signature and was issued without a prior show‑cause notice, thereby violating Section 416(5) proviso of the Kolkata Municipal Corporation Act, 1980.
  • Court Observations: The Court noted that the closure notice appeared to be a colourable exercise of power, mechanically issued without any application of mind, and not compliant with statutory requirements.

Final Outcome

  • The Court held that the closure notice dated 22 August 2026 could not be sustained and consequently quashed it.
  • The writ petition was disposed of, leaving the municipality free to take any further action only in accordance with the law.
  • All parties were instructed to act based on the server copy of this order downloaded from the Court’s official website.

Topics: Municipal Regulation, Hospitality