Authority: Kolkata High Court
Order Date: 15 October 2026
Case Overview
- Parties: petitioner Mr. Billwadal Bhattacharyya (represented by Sounak Bhattacharyya, Debabrata Roy, Oishik Chatterjee) vs Kolkata Municipal Corporation and others.
- Nature: writ petition challenging municipal closure notice dated 9 September 2026 directing complete shutdown of "National Guest House" at Premises No. 9A, Zakaria Street, Ward 043, Borough‑V, Kolkata‑700073 and suspension of the petitioner’s Certificate of Establishment.
- Allegations: closure notice lacked Municipal Commissioner’s signature, no prior show‑cause notice, violated Section 416(5) proviso of the Kolkata Municipal Corporation Act, 1980; deemed colourable and mechanical exercise of power.
- Court Observations: the order does not comply with statutory requirements; no application of mind; closure notice cannot be sustained.
Final Outcome
- The closure notice dated 9 September 2026 is quashed.
- The suspension of the Certificate of Establishment is revoked.
- The writ petition is disposed, leaving the municipality free to take steps in accordance with law.
- All parties must act based on the server copy of the order downloaded from the court’s official website.
Topics: Municipal Law, Business Closure