Authority: High Court at Calcutta
Order Date: 27 October 2026
Case Overview
- Petition: Mrs. Ishrat Mazhar (petitioner) vs. The Kolkata Municipal Corporation & Others (respondents), W.P.A. 31211 of 2026.
- Issue: The petitioner challenged an order dated 23 August 2026, purportedly issued by the Municipal Commissioner, directing the complete shutdown of the business operating as M/S Ramsha International, located at 9A, Marquis Street, Ward 062, and the suspension of the petitioner’s certificate of enlistment.
- Allegations: The closure notice was unsigned by the Municipal Commissioner and was issued without a prior show‑cause notice, thereby violating Section 416(5) proviso of the Kolkata Municipal Corporation Act, 1980. The court observed that the action appeared to be a colourable and mechanical exercise of power with no application of mind.
- Observations: The court noted the lack of compliance with statutory requirements, the absence of the Municipal Commissioner’s signature, and the abrupt nature of the closure as indicative of an unlawful exercise of authority.
Final Outcome
- The notice of closure dated 23 August 2026 was quashed and cannot be sustained.
- The writ petition was disposed, leaving the municipality free 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, Court Order