Authority: High Court at Calcutta, Constitutional Writ Jurisdiction Appellate Side
Order Date: 27 October 2026
Case Overview
- Petition: W.P.A. 31208 of 2026 filed by Md. Asif Alam (petitioner) against The Kolkata Municipal Corporation & Ors.
- 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. Travelodge, located at 9A, Marquis Street, Ward No. 062, and the suspension of the petitioner’s certificate of enlistment.
- Allegations: The closure notice was unsigned by the Municipal Commissioner and allegedly violated Section 416 of the Kolkata Municipal Corporation Act, 1980, specifically the proviso of Section 416(5) which requires a prior show‑cause notice.
- Court Observations: The bench noted the absence of any prior show‑cause notice, the lack of the Municipal Commissioner’s signature, and described the closure as a colourable and mechanical exercise of power without any application of mind.
Final Outcome
- The notice of closure dated 23 August 2026 was quashed and cannot be sustained.
- The writ petition was disposed of, leaving the municipality free to take any further steps in accordance with law.
- All parties are directed to act on the server copy of this order, which is to be downloaded from the Court’s official website.
Topics: Municipal Regulation, Court Order