D Cafe Caribbean Thru. Partner Mohammad Shauzab Sabir and Another Another v. State of U.P. Thru. Addl. Chief Secy. Deptt.of Food Safety and Drug Administration Lko . and 7 Ors.

Allahabad HC1 Sept 2025WRIC/8437/2025

Case brief

AI extract

What is this about?

Restaurant and hookah bar operators sought mandamus restraining authorities from interfering with their business, citing a food licence. State reported an FIR for running a hookah bar without licence. Counter affidavit directed; matter listed.

What the court decided

AI extract

D Cafe Caribbean Thru. Partner Mohammad Shauzab Sabir and Another Another vs State of U.P. Thru. Addl. Chief Secy. Deptt.of Food Safety and Drug Administration Lko . and 7 Ors. — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - C No. - 8437 of 2025

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D Cafe Caribbean Thru. Partner Mohammad Shauzab Sabir And Another Another

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.....Petitioner(s)

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Versus

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State Of U.P. Thru. Addl. Chief Secy. Deptt.Of Food Safety And Drug Administration Lko . And 7 Ors.

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.....Respondent(s)

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Counsel for Petitioner(s) : Mohd. Mansoor, Mohammad Danish, Mohd Siddiq Alam Counsel for Respondent(s) : C.S.C., Namit Sharma

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Court No. - 2

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HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J.

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Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel, who appears for the State-opposite parties, Shri Namit Sharma, learned counsel for opposite party no.4 i.e. Nagar Nigam and perused the record.

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This writ petition has been filed by petitioner with following main prayer(s):

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"(i) Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent No.06, 07 and 08 not to unnecessary interfere in the business of the petitioner of running Restaurant by the name of D' Cafe Caribbean, Second and Third Floor, Ace Airosa Building, 118/91, Cantt Road, District Lucknow and Hookah Bar, as the petitioner has a valid license granted under the Food Security Act-2006.

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(ii) Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent No.06, 07 and 08 to allow the petitioner to run the Restaurant namely D' Cafe Caribbean and Hookah Bar and not to prohibit the same against the dictum of the Hon'ble Supreme Court in the case of Narinder S. Chadha and others vs Municipal Corporation of Greater Mumbai and others reported in 2015 AIR (SCW) 266."

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Learned counsel for the petitioner says that some writ petitions are pending before this Court.

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Learned Additional Chief Standing Counsel has placed before this Court instructions sent by Shri Gaurav Nirbhakar, Sub Inspector, Police Station Kaiserbagh, Lucknow, wherein it has been stated that on

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WRIC No. 8437 of 2025

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complaint being received, a spot inspection was made, where the petitioner was found running a 'Hookah Bar' without there being any licence or permit. A first information report bearing Case Crime No.128/2025, under Sections 271/223 of B.N.S. and 4/25 of Cigarettes and Other Tobacco Products Act, 2003 has been registered against five named accused.

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Let counter affidavit be filed by the opposite parties within two weeks.

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List this case on 15.09.2025.

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(Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.)

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September 1, 2025

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Anupam S/-

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Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench

D Cafe Caribbean Thru. Partner Mohammad Shauzab Sabir and Another Another v. State of U.P. Thru. Addl. Chief Secy. Deptt.of Food Safety and Drug Administration Lko . and 7 Ors.

Case brief

What is this about?

What the court decided

D Cafe Caribbean Thru. Partner Mohammad Shauzab Sabir and Another Another v. State of U.P. Thru. Addl. Chief Secy. Deptt.of Food Safety and Drug Administration Lko . and 7 Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Cases cited

Statutes considered

Parties & counsel

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Case details

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