Authority: Kolkata High Court

Order Date: 22 September 2026

Case Overview

  • Petitioner Md. Shahnawaz, operating AAFREEN INTERNATIONAL guest house at 10 Mustaque Ahmed Street, Kolkata (Ward 62) for 24 years, challenged the Municipal Commissioner’s order dated 23 August 2026 that suspended his certificate of enlistment under Section 199 of the Kolkata Municipal Act, 1980 on alleged violation of Section 416.
  • The petitioner argued that the suspension was issued without a show‑cause notice and without providing the inspection report, contrary to the proviso of Section 416(5). He contended the order should be set aside.
  • The State of West Bengal and Kolkata Municipal Corporation (KMC) defended the order, stating an inspection had been conducted and the petitioner failed to produce required licences or documents at that time. They offered to revisit the order if the petitioner complied with the SOP issued by Office Order No. 43/26‑27 dated 5 September 2026.
  • The Court noted that the inspection report had not been disclosed to the petitioner and that the petitioner was denied an opportunity of hearing, violating Section 416(5). The Court therefore found non‑compliance with procedural requirements.

Final Outcome

  • The Court set aside the portion of the 23 August 2026 notice that suspended the certificate of enlistment and treated the notice as a show‑cause notice.
  • The petitioner may file a response to the notice and the inspection report within 10 days of the order; the municipal authorities may file a supplementary show‑cause within the same period, extending the response time by an additional 10 days.
  • If the municipal authorities consider passing any adverse order after considering the response, they must provide a hearing and issue a reasoned order.
  • The padlock placed on the premises may be removed by the petitioner in the presence of the inspecting team/respondents.
  • By consent of the parties, the building is to be reopened on 23 September 2026 at 1:00 PM in the presence of the Executive Engineer (Civil)/Building.
  • All parties must act on the server copy of the order downloaded from the Court’s official website.

Topics: Legal Procedure, Municipal Regulation, Hospitality Business