Authority: Calcutta High Court (High Court at Calcutta)
Order Date: 27 October 2026
Case Overview
- Petitioner: Zeba Praveen, represented by Sr. Adv. Pius Chaturvedi, with counsel Imtiaz Ahmed, Ghazala Firdaus, Smita Saha, Laboni Choudhury, Mohammed Arsalan.
- Respondents: The Kolkata Municipal Corporation (KMC) and others, represented by Nilanjan Chatterjee, Dipankar Ghosh, among others.
- Nature of Proceeding: Writ Petition (W.P.A. 31244 of 2026) challenging an order dated 24 August 2026 purportedly issued by the Municipal Commissioner.
- Disputed Order: Directed the complete closure of the petitioner’s business operating as M/S. Zeba Guest House, located at 115 Collin Street, 4th Floor, Ward No. 062, and the suspension of the petitioner’s certificate of enlistment.
- Grounds for Challenge: The order 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 Findings: The Court observed that the closure notice represented a colourable exercise of power, was mechanically issued without any application of mind, and did not comply with statutory requirements.
Final Outcome
- The notice of closure dated 24 August 2026 is quashed and cannot be sustained.
- The writ petition is disposed of, but the matter remains open for the municipality to take appropriate 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: Regulatory Compliance, Municipal Law