Facts
The petitioners operated a guest house, Kolkata HCN Guest House, at premises No. 1199, Laskarhat.
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 allegation that the guest house was being run without the permission required under Section 416 of the Kolkata Municipal Act, 1980.
Source reference: p. 1–3The petitioners asserted that they held a valid certificate of enlistment and police licence, and that they had not received the inspection report.
Source reference: p. 1–3The Corporation submitted that the notice followed an inspection and was issued by the Municipal Commissioner, although the copy served on the petitioners bore “Sd/-” rather than an original signature.
Source reference: p. 1–3Issues
1. Whether the closure and suspension notice could stand when the petitioners had not first been issued a show-cause notice as required by Section 416(5) of the Kolkata Municipal Act, 1980.
Source reference: p. 42. Whether the notice was sustainable where the inspection report had not been supplied to the petitioners and they held a certificate of enlistment and police licence.
Source reference: p. 4Law Applied
Section 416(5), proviso, of the Kolkata Municipal Act, 1980 requires the municipal authorities to issue a show-cause notice before making an order in respect of an alleged infringement of that section.
Source reference: p. 4The Court also considered the petitioners’ valid certificate of enlistment and police licence in assessing whether the challenged closure and suspension could be sustained.
Source reference: p. 4No judicial precedents were cited.
Source reference: p. 4Reasoning
The notice directed closure of the guest house for alleged non-compliance with Section 416 and suspended the petitioners’ certificate of enlistment.
Source reference: p. 4The Court found that the mandatory show-cause notice had not been issued and that the inspection report had not been served on the petitioners.
Source reference: p. 4In light of those procedural deficiencies, and the petitioners’ licences, the Court held that the notice could not be sustained at that stage, without determining the validity of the inspection report.
Source reference: p. 4Holding
The Court set aside the notice directing closure of the business and suspension of the certificate of enlistment, holding it unsustainable as having been issued in colourable exercise of power.
It left the Corporation 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 Act, 19802
Original Court PDF
HARISHCHANDRA NATH AND ANR.vsKOLKATA MUNICIPAL CORPORATION AND ORS.
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