Authority: High Court at Calcutta (Constitutional Writ Jurisdiction Appellate Side)
Order Date: 27 October 2026
Case Overview
- Parties: Petitioner Iftekhar Yunus (owner of M/S Hotel Sunview) vs. The Kolkata Municipal Corporation & Ors.
- Writ Petition: W.P.A. 31210 of 2026 filed in the High Court at Calcutta.
- Background: The Municipal Commissioner purportedly issued a closure notice on 23 August 2026 directing the complete shutdown of Hotel Sunview, located at 9A, Marquis Street, Ward No. 062, and the suspension of the petitioner’s certificate of enlistment. The notice was issued under Section 416 of the Kolkata Municipal Corporation Act, 1980.
- Procedural Defects: The court observed that the closure notice did not bear the Municipal Commissioner’s signature and no prior show‑cause notice was issued, violating the provisions of Section 416(5) proviso of the Act. The order was deemed a colourable and mechanical exercise of power lacking an application of mind.
Final Outcome
- The closure notice dated 23 August 2026 was quashed and cannot be sustained.
- The writ petition is disposed, but the municipality is permitted to take any further steps in accordance with law.
- All parties are directed to act based on the server copy of this order downloaded from the Court’s official website.
Topics: Municipal Law, Hospitality Regulation