Authority: High Court at Calcutta (Constitutional Writ Jurisdiction)

Order Date: 05 October 2026

Case Overview

  • Parties: Petitioners – M/s Hotel Meghdoot (sole proprietor Petitioner No.2) and its manager; Respondents – State of West Bengal and Howrah Municipal Corporation (Commissioner).
  • Petition (WPA No.16961 of 2023) seeks direction for renewal of the trade licence (Certificate of Enlistment) which had been pending since the FY 2019‑20.
  • Hotel Meghdoot, established 1982, operates a residential hotel and bar at P‑3A, Dobson Lane, Golabari, Howrah, employing 18 regular staff and 30 contract workers, with PF and ESI contributions.
  • The business was temporarily closed in March 2020 due to COVID‑19; an online renewal application for FY 2019‑20 was filed before the 31 July 2019 deadline, but the corporation took no action.
  • Subsequent applications: FY 2020‑21 (offline, received 24/06/2020) remained unprocessed; no application for FY 2021‑22; FY 2022‑23 online application (08/06/2022) rejected for area mismatch (applied 40,000 sq ft vs inspected 52,582 sq ft); FY 2023‑24 online application (16/05/2023) pending after inspections on 01/06/23 and 16/06/23.
  • On 14 July 2023 the corporation issued Demand Notice No‑D280931 demanding Rs 12,96,000, comprising: U/s 102 – Rs 500; U/s 192(1&2) – Rs 157,750 (Rs 3 × 52,582 sq ft); Conservancy – Rs 100,740 (Rs 730 × 138 rooms); arrears for FY 2019‑20 to 2022‑23 – each Rs 259,240; processing fee Rs 50. The notice was valid till 13 August 2023 and was communicated by SMS and telephone.
  • Petitioners contended that such demand is illegal, as renewal of the Certificate of Enlistment should not be conditioned on other fees, arrears or penalties.
  • Counsel relied on precedents: Vijai Shree Pvt Ltd v Howrah Municipal Corp (W.P. 115(W) 2019), Harvinder Singh v Kolkata Municipal Corp (W.P. 18469(W) 2016), Sri Tripti Kumar Chatterjee v Principal Secretary (W.P. 1272 of 2009).

Final Outcome

  • The Court held that the Howrah Municipal Corporation cannot attach other charges, arrears or penalties to the renewal of the Certificate of Enlistment.
  • No determination was made on the petitioners’ liability for Section 192, conservancy or arrears; such amounts may be demanded only after notice and a hearing.
  • WPA No.16961 of 2023 is allowed; no order as to costs.
  • Respondents, particularly the Commissioner, are directed to renew the Certificate of Enlistment for the period prayed for, charging only fees applicable under the relevant provisions.
  • The judgment clarifies that the Certificate of Enlistment is solely for enlistment; operation of the hotel‑cum‑bar requires separate licences (building permit, fire NOC, police licence, GST registration, liquor licence, FSSAI, EPF/ESI, etc.).
  • Connected applications are disposed of; interim orders, if any, are vacated; parties must act on the server copy of the judgment.

Topics: Trade License Renewal, Municipal Regulation, Court Judgment