07.10.2026 Ct. 3 Item No. AD 24 Saswata WPA 27692 of 2026 Shahid Ali Versus The State of West Bengal & Ors. Mr. Saptanshu Basu, Sr. Adv. Mr. Wasim Ahmed Ms. Nagma Parveen Mr. Shahnawaz Ahmed Khan …For the petitioner Mr. Tapas Kr. Chatterjee Mr. Sailen Malaker …For the State Mr. Piyush Charutrvedi, Sr. Adv. Mr. B. Dey …For the BMC 1. Challenging the order dated 3rd September 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 Royal Garden from premises no. 163A, Park street, P.S. Beniapukur, Kolkata – 700017 and the suspension of the 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 the provisions of Section 416(5) proviso of the said Act. No prior show cause was issued to the petitioners. The abrupt closure of the petitioner’s business and suspension of the 2 petitioner’s 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 3rd September 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. 3. All parties shall act on the basis of server copy of this order duly download from this Court’s official website. (Raja Basu Chowdhury, J.)