Authority: High Court at Calcutta, Constitutional Writ Jurisdiction Appellate Side
Order Date: 27 October 2026
Case Overview
- Petition: W.P.A. 31214 of 2026 filed by Mohammad Naushad (petitioner) against The Kolkata Municipal Corporation & Ors.
- The petitioner operates a business named M/S City Guest House located at 13 Marquis Street, 2nd & 3rd Floor, Ward No. 062.
- The dispute arose from an order dated 22 August 2026, purportedly issued by the Municipal Commissioner, directing the complete closure of the guest house and suspension of the petitioner’s certificate of enlistment.
- The order was challenged on grounds that it lacked the Municipal Commissioner’s signature and did not comply with procedural requirements under Section 416 of the Kolkata Municipal Corporation Act, 1980.
- The Court observed that no prior show‑cause notice was issued, violating Section 416(5) proviso, and that the closure notice appeared to be a colourable and mechanical exercise of power without an application of mind.
Final Outcome
- The Court quashed the closure notice dated 22 August 2026, declaring it unsustainable.
- The writ petition is disposed of, but the municipality is left free to take any further steps in accordance with law.
- All parties are directed to act based on the server copy of this order, which can be downloaded from the Court’s official website.
Topics: Municipal Regulation, Hospitality Business