Authority: Kolkata High Court

Order Date: 28 September 2026

Case Overview

  • Petitioners: Nvent Realty Pvt. Ltd. & anr. (represented by Senior Advocate Mr. Piush Chaturvedi) filed a writ petition against the Kolkata Municipal Corporation (KMC) and its officials (Mr. Biswaroop Bhattacharya, Mr. Khalid Ali, Mr. A. Mondal) challenging the Municipal Commissioner’s order dated 31 August 2026.
  • The impugned order suspended the petitioners’ trade licence for operating “Hotel Emirates” at 11/1 Dr. Md. Ishaque Road, New Market, Kolkata 700060, Ward 63, and directed immediate closure of the business.
  • Petitioners asserted that they possessed a valid certificate of enlistment for a boarding house with food (no bar) valid until 31 March 2027 and that all requisite licences were in place.
  • KMC argued that the premises were being used as a guest house/hotel/assembly house in violation of Section 416 of the KMC Act, 1980, without any permission or sanctioned building plan. An inspection by the Joutha Team, pursuant to Office Order No. 33/2026‑27 dated 19 August 2026, was conducted on 31 August 2026, allegedly revealing non‑compliance.
  • The inspection report, counter‑signed by the Executive Engineer (C) Building, Borough VII, KMC, was placed on record but was not disclosed to the petitioners prior to the order.
  • The court noted that the order was issued without a show‑cause notice, contrary to Section 416(5) proviso, and that the principles of natural justice and fair play were breached.
  • The court also observed that the order referenced a lack of a valid police licence, which was not substantiated in the record.

Final Outcome

  • The court held that the suspension of the certificate of enlistment and the closure notice were issued in a colourable exercise of power and could not be sustained.
  • The order dated 31 August 2026 was set aside.
  • The writ petition was disposed of, leaving the certificate of enlistment in force until its expiry on 31 March 2027, and permitting the petitioners to continue their business subject to compliance with applicable law.

Topics: Legal Judgment, Municipal Licensing, Hospitality Regulation