Municipal authorities must issue a show-cause notice before ordering closure under Section 416.

The petitioner operated Srideep Guest House at premises No. 207, Shanti Pally, and asserted that he held a valid certificate of enlistment and police licence.

By notice dated 7 September 2026, the Kolkata Municipal Corporation (KMC) directed closure of the guest house and suspended the certificate of enlistment, alleging that the business was being carried on in breach of Section 416 of the Kolkata Municipal Act, 1980, and without appropriate municipal permission.

The petitioner challenged the notice, including on the grounds that no show-cause opportunity had been given and the inspection report had not been supplied.

KMC submitted that the notice followed an inspection and confirmed that it had been issued by the Municipal Commissioner.

1. Whether KMC could direct closure of the petitioner’s business and suspend his certificate of enlistment for an alleged infringement of Section 416 without first issuing a show-cause notice as required by Section 416(5).

2. Whether the closure notice could be sustained where the inspection report had not been supplied to the petitioner and he held a valid certificate of enlistment and police licence.

Section 416(5) of the Kolkata Municipal Act, 1980, including its proviso, requires the municipal authorities to issue a show-cause notice before making an order in respect of an alleged infringement of that section.

The Court also considered the non-supply of the inspection report and the petitioner’s asserted valid licences in assessing whether the impugned closure and suspension could stand.

The notice directed closure of the guest house and suspension of the petitioner’s certificate on the basis of an alleged Section 416 violation.

The Court found that the mandatory show-cause step under Section 416(5) had not been taken, and that the inspection report had not been served on the petitioner.

In light of these procedural defects and the petitioner’s valid certificate of enlistment and police licence, the Court held that the notice could not be sustained, without determining the validity of the inspection report.

It left KMC at liberty to take such steps as may be advised in accordance with law and disposed of the writ petition.