Authority: High Court at Calcutta (Constitutional Writ Jurisdiction, Original Side)
Order Date: 1st October 2026
Case Overview
- Petitioners: Jagannath Holdings Private Limited (operating "Hotel 233" at P‑233, Park Street, Kolkata) and others; Respondent: Kolkata Municipal Corporation (KMC).
- Business: Lodging‑only guest house with six rooms, no kitchen or food service; holds all requisite licences, including a certificate of enlistment valid for FY 2026‑27.
- Trigger: Municipal Commissioner issued a closure notice dated 5 September 2026, allegedly for violation of Section 416 of the Kolkata Municipal Corporation Act, 1980. The notice was served through the Execute Engineering, Building Department on 6 September 2026 and did not bear the Municipal Commissioner’s signature.
- Petitioners argued that no show‑cause notice under the proviso to Section 416(5) was served, the inspection report was not provided, and the suspension of the certificate of enlistment was likewise without show‑cause.
- Municipal side contended that Section 435 of the Act grants sweeping powers to stall businesses without a show‑cause, and that permission under Section 199 is subject to other licences.
- The municipality produced an inspection report dated 30 September 2026 and a communication dated 12 September 2026 requesting documents for reinstating the certificate of enlistment, citing an office order No. 33 dated 19 August 2026.
- The Court noted the absence of a signed notice, lack of any show‑cause notice, non‑disclosure of the inspection report, and the mechanical issuance of the closure order, deeming it a colourable exercise of power.
Final Outcome
- The Court set aside the closure notice dated 5 September 2026.
- The suspension of the petitioners’ certificate of enlistment was also set aside, and the certificate was restored.
- The writ petition was disposed of.
Topics: Legal; Municipal Regulation