Authority: Calcutta High Court (High Court at Calcutta)

Order Date: 28 September 2026

Case Overview

  • Petitioners: Rajesh Tripathi and others, operating a guest house named “Kuber Residency” at premises No.764, Laskarhat Road, 2nd Floor, Kolkata 700039.
  • Respondents: Kolkata Municipal Corporation (KMC) and its officials.
  • The dispute arose from a notice dated 3 September 2026 issued by the Executive Engineer (Civil), Building Department, Borough‑XI, KMC ordering the complete closure of the guest house and the suspension of the petitioners’ certificate of enlistment, allegedly for violation of Section 416 of the Kolkata Municipal Corporation Act, 1980.
  • Petitioners contended that the conversion of the residential building to non‑residential use had been regularised by an order dated 22 March 2024 after payment of requisite fees, and that they had already deposited Rs 1,16,12,817 in two instalments (31 March 2024 and 10 March 2025). They argued that the closure notice was issued without a show‑cause hearing, contrary to Section 416(5) proviso.
  • The Additional Advocate General for KMC admitted receipt of the payment but maintained a prima facie violation of Section 416. He indicated the municipality would reconsider the matter.

Court Findings

  • The Court observed that the closure notice was issued without granting the petitioners an opportunity of hearing, breaching the procedural requirement of Section 416(5) proviso.
  • The Court noted that the regularisation order of 22 March 2024 and the payment of Rs 1,16,12,817 (made in two instalments on 31 March 2024 and 10 March 2025) demonstrated compliance, and that delayed payment did not render the fees invalid in the absence of a contemporaneous complaint.
  • Consequently, the Court found no legal basis for the municipality to proceed with the closure or the suspension of the enlistment certificate without due process.

Final Outcome

  • The order dated 3 September 2026 issued by the Executive Engineer (Civil), Building Department, Borough‑XI, KMC is set aside.
  • The suspension of the petitioners’ certificate of enlistment is also set aside.
  • The writ petition is disposed of, 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 official court website.

Topics: Municipal Regulation, Court Order