Facts
The petitioners operated a guest house and banquet business from premises No. 1032, Laskarhat, under the name OM Guest House and Banquet.
Source reference: p. 1–3They challenged a notice dated 5 September 2026 directing closure of the business and suspension of the certificate of enlistment, on the ground that the business was being conducted in violation of Section 416 of the Kolkata Municipal Act, 1980, without requisite municipal permission.
Source reference: p. 1–3The petitioners asserted that their certificate of enlistment and police licence were valid, that they had not received the inspection report, and that no opportunity to show cause had been given.
Source reference: p. 1–3The notice was issued after a municipal inspection; the KMC confirmed that it had been issued by the Municipal Commissioner, although the served copy bore “Sd/-”.
Source reference: p. 1–3Issues
1. Whether the municipal authorities could direct closure of the petitioners’ business for an alleged breach of Section 416 without first issuing a show-cause notice as required by Section 416(5) proviso.
Source reference: p. 42. Whether the closure and suspension notice could be sustained where the inspection report had not been supplied to the petitioners and they held a valid certificate of enlistment and police licence.
Source reference: p. 4Law Applied
Section 416 of the Kolkata Municipal Act, 1980 governs the relevant municipal permission requirements for the business in question.
Source reference: p. 4The Court held that the proviso to Section 416(5) makes it mandatory for the municipal authorities to issue a show-cause notice before passing an order for infringement of that section.
Source reference: p. 4Reasoning
The notice ordered closure and suspension on the basis of an alleged violation of Section 416, but the petitioners had not been given the required show-cause notice.
Source reference: p. 4The inspection report had also not been served on them. In addition, the petitioners held a valid certificate of enlistment and police licence.
Source reference: p. 4In those circumstances, and without determining the validity of the inspection report, the Court found the impugned notice unsustainable as a colourable exercise of power.
Source reference: p. 4Holding
The Court set aside the 5 September 2026 notice directing closure of the petitioners’ business and suspension of their certificate of enlistment.
It left the municipal authorities at liberty to take such steps as may be advised in accordance with law and disposed of the writ petition.
Source reference: p. 4Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
Kolkata Municipal Corporation Act, 19802
Original Court PDF
OM PRAKASH JAISWAL AND ANRvsKOLKATA MUNICIPAL CORPORATION AND OTHERS
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