Calcutta High Court
WPA/29995/2026 of M/S HOTEL DUKE AND ANR Vs THE KOLKATA MUNICIPAL CORPORATION AND ORS on 14 October 2026
sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 29995 of 2026 M/s. Hotel Duke & Anr. Versus The Kolkata Municipal Corporation & Ors. Mr. Jayak Kumar Gupta Mr. A . Rosul Mr. S. S. Biswas … For the petitioners. Mr. Piush Chaturvedi,
14.10.2026
sb
Ct.3.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 29995 of 2026
M/s. Hotel Duke & Anr.
Versus
The Kolkata Municipal Corporation & Ors.
Mr. Jayak Kumar Gupta
Mr. A. Rosul
Mr. S. S. Biswas
… For the petitioners.
Mr. Piush Chaturvedi, Sr. Advocate
Mr. Bratin Kumar Dey
… For Kolkata Municipal Corporation.
Mr. Tapas Kumar Chatterjee
Mr. Ajit Kumar Chaubey
Mr. Vinayak Chaubey
… For the State.
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1. Challenging the order dated 20th 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, 1st Floor, Kolkata - 700016 and the suspension of petitioner’s certificate of enlistment, the instant writ petition has been filed.
2. 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
WPA 29995 of 2026
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.
3. Consequently, the notice of closure dated 20th 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.
4. 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.
5. All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)