08.10.2026 Ct. 3 Item No. AD 09 sayandeep WPA 29240 of 2026 Hakimuddin Hatim Bhai Saleh & Anr. Versus The State of West Bengal & Ors. Mr. Siddhartha Banerjee Mr. Prasanta Naskar Mr. Arup Mookherjee …For the petitioners Mr. Piush Chaturvedi, Sr. adv. Mr. Bratin Kumar Dey …For the KMC 1. Affidavit of service filed in Court today is retained with the record. 2. Challenging the order dated 22nd August, 2026 purportedly issued by the Municipal Commissioner though the same does not bear the signature of the Municipal Commissioner, whereby the petitioners have been directed to completely close down its Guest House run from premises no. 13, Marquis Street Flat No. 2C, 3rd Floor, Kolkata 700016 and the suspension of the petitioners’ certificate of enlistment, the instant writ petition has been filed. 3. 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 petitioners’ business and suspension of the 2 petitioners’ certificate of enlistment without a show-cause 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 non application of mind, and the same appears to be mechanical exercise of authority. Consequently, the notice of closure dated 22nd 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. The suspension of the petitioners’ certificate of enlistment also stands quashed. 4. 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.)