Disposed

Urban Roots v. the Commissioner

Karnataka HC23 Jan 2020WP/111970/2020

Case brief

AI extract

What is this about?

Writ petition challenging a raid and sealing of a restaurant premises. The Court, relying on a previous order regarding hookah sales, disposed of the petition directing the respondents to remove the seal and permit business operations upon issuance of a Trade License.

What did the court decide?

Directed the respondents to remove the seal/lock on the petitioner's premises and permit the restaurant business to run while complying with relevant tobacco prohibitions and pending trade license iss

Urban Roots Vs the Commissioner — Consumer Protection | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF JANUARY, 2020

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BEFORE

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THE HON’BLE MR.JUSTICE S.G. PANDIT

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WRIT PETITION NO.111970/2020 (LB-RES)

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BETWEEN:

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URBAN ROOTS HOSUR, UNKAL ROAD, MARYAMMAN TIMASAGAR COLONY, VIDYANAGAR, HUBBALLI, REP. BY ITS PARTNER NARENDRA S/O. SUNIL TIKANDAR AGE : 28 YEARS, OCC : BUSINESS, R/O : TEACHERS COLONY, BENGERI EXTENSION, HUBBALLI, TQ : HUBBALLI, DIST : DHARWAD.

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... PETITIONER

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(BY SRI. ARAVIND D KULKARNI, ADVOCATE)

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AND

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THE COMMISSIONER HUBLI DHARWAD MUNICIPAL CORPORATION LAMINGTON ROAD, HUBBALLI.

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THE HEALTH OFFICER HDMC, HUBLI, DIST : DHARWAD.

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THE DESIGNATED OFFICER, FOOD, SAFETY AND STANDARDS DEPARTMENT, HUBBALLI,

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... RESPONDENTS (BY SRI. G I GACHCHINAMATH, ADVOCATE FOR R1-R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT

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OF MANDAMUS OR ANY OTHER WRIT OF DIRECTING TO THE RESPONDENTS TO REMOVE THE SEAL AND LOCK PUT TO THE SHOP/PROPERTY NAMELY URBAN ROOTS HOSUR, UNKIAL ROAD, MARYAMMAN TIMMASAGAR COLONY VIDYANAGAR, HUBBALLI.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court under Article 227 of the Constitution of India praying for a writ of mandamus directing the respondents to remove the seal and lock put to the shop/property namely “Urban Roots”, Hosur, Unkal Road, Hubballi.

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The petitioner which is a partnership firm claims that it is a license holder for running Restaurant in Hubballi. The said license is in force from 16.8.2019 to 15.08.2020. The petitioner is lawfully running the business of vegetarian restaurant and cafe in the address stated above. On 25.12.2019, the respondents officials without any authority conducted the raid on the restaurant and locked the premises and sealed the same without following any due process of law.

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On 20.1.2020, this Court directed Sri. G.I.

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Gachchinamath, learned counsel to take notice for the respondents and the matter was ordered to be listed to today to get instruction from the respondents.

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Today, Sri. G.I. Gachchinamath, learned

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counsel for respondents 1 to 3 on instruction from the respondents submits that the petitioner-restaurant was raided and lock was put as the petitioner-Restaurant was unauthorisedly offering Hookah to their customers. He further submits that the application for Trade License is pending and the petitioner has paid requisite fee towards consideration of the said application. He would further submit that the respondents would consider the said application within a week and issue the Trade License to the petitioner.

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5. Insofar as Hookah offered by the petitioner-

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Restaurant to their customers, the same is covered by

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the decision of this Court in WP No.4184/2017 (LB-BMP) decided on 20.02.2017.

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In terms of the above order dated

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20.02.2017 in WP No.4184/2017, the writ petition is disposed of. However, the petitioner shall follow the

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norms prescribed under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. The respondents to permit

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the petitioner to run his restaurant business on issuing

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Trade License as stated above.

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Sd/JUDGE

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JTR

Urban Roots v. the Commissioner

Case brief

What is this about?

What did the court decide?

Urban Roots v. the Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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