OD-03 WPO/480/2026 THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Hotel Ichamati & Anr. Versus The Kolkata Municipal Corporation & Ors. BEFORE: The Hon'ble JUSTICE RAJA BASU CHOWDHURY Date: 12th October 2026 Appearance: Ms. Debjani Sengupta, Advocate Mr. Rajib Mullick, Advocate Ms. Priyanka Barik, Advocate for the petitioners Mr. Bilwadal Bhattacharya, Sr. Advocate Mr. Debanjan Mukherjee, Advocate for the respondent Mr. Susanta Dutta, Advocate Mr. Abhik Sarkar, Advocate Mr. N. C. Khaitan, Advocate for the State 1. Affidavit of service filed in Court today is taken on record. 2. Challenging the order dated 20th 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 business run under the name and style of Hotel Ichamati from Flat Nos.3B, 3C, and 3D on the 3rd Floor of premises no.23, Marquis Street, Kolkata – 700016, Ward No.052, Borough No. VI and the suspension of the petitioners’ certificate of enlistment, the instant writ petition has been filed. 2 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 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 petitioners’ 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. 4. Consequently, the notice of closure dated 20th 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. (RAJA BASU CHOWDHURY, J.) R. Bose