M/s. Hotel Duke & Anr. vs The Kolkata Municipal Corporation & Ors.

Challenging the order dated 20^th August 2026 purportedly issued by the Municipal Commissioner though the same does not bear the signature of the Municipal Commissioner, whereby the petitioner has been directed to completely close down its business run under the name and style of M/s Hotel Duke from 23 Marquis Street, 1^st Floor, Kolkata - 700016 and the suspension of petitioner’s certificate of enlistment, the instant writ petition has been filed.

Having heard the learned advocates appearing for the respective parties and noting that the above order has been issued for violation of Section 416 of the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as the said Act), I find that the same does not comply with the provisions of Section 416(5) proviso of the said Act. No prior show cause notice was issued to the petitioners. The abrupt closure of the petitioners’ business and suspension of the petitioners’ certificate of enlistment appears to be an act in colourable exercise of power. The closure notice is also not signed by the Municipal Commissioner. Apparently, there appears to be no application of mind and appears to be mechanical exercise of authority.

Consequently, the notice of closure dated 20^th August, 2026 cannot be sustained, the same is quashed and the writ petition stands disposed of leaving it open to the municipality to take steps in accordance with law. As a sequel thereto, the order of suspension of the certificate of enlistment also stands revoked.

It is however made clear that the above direction shall not permit the petitioner to continue with the business operation unless the petitioner complies with the other statutory permissions required for continuing his business.

All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website.