A hookah parlour operator sought directions similar to those granted by a Coordinate Bench protecting parlours operating in compliance with COTPA. The Court disposed of the petition and stay application on the same terms, allowing action only if prohibited substances are served or COTPA is violated.
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[2024:RJ-JD:8893]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 2378/2024
House Of Royals Hospitality Llp, Having Its Unit At 76, Kesharbagh, Opposite Fern Residency, Jodhpur And Having Its Principal Place Of Business At 281, Man Ji Ka Hatha, Paota, Jodhpur Through Authorised Representative Mr. Hemant Singhvi.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Rajat Arora |
|---|---|
| Mr. LuckyRajpurohit | |
| For Respondent(s) | : Mr. Anil Bissa |
HON'BLE DR. JUSTICE NUPUR BHATI
Order
21/02/2024
Learned counsel for the parties have jointly shown an order passed by the Coordinate Bench at Jaipur passed in SBCWP No.15620/2022 : The Socialite & Ors. Vs. State of Rajasthan & Ors. alongwith other connected matters, decided on 17.07.2023 and thus, seek similar order/directions for the present petition also. The order dated 17.07.2023 is reproduced hereunder:-
“With the consent of the learned counsel for the parties, these writ petitions stand disposed of with the following terms:-
(2 of 2)
[2024:RJ-JD:8893]
[CW-2378/2024]
I) As long as the petitioners comply with the provisions of COTPA and do not serve any prohibited substances in the hookah parlour then no action can be taken against them. However, it is made clear that if it is found that the petitioners are selling/using any substances prohibited under the COTPA then surely an action can be taken against them.
II) In case, there is any violation of the provisions of the COTPA as amended in the year 2020, the police officer, not below the rank of the SubInspector, as empowered to take legal action for the infringement of the conditions imposed under COTPA as well as taking action on the hookah parlours where drugs/narcotics/Tobacco are provided and consumed which falls under the purview of Police Department.”
In light of the aforequoted order; the present writ petition as well as stay application are also disposed of on the same terms. All pending applications, if any, also stand disposed of.
(DR.NUPUR BHATI),J
surabhii/ajay105-
1 issue framed by the court
Whether the petitioner hookah parlour is entitled to the same directions as granted by the Coordinate Bench in The Socialite case regarding operation subject to COTPA compliance.
Colour shows how this judgement treated each authority
The Socialite & Ors. Vs. State of Rajasthan & Ors.Followed¶16
SBCWP No.15620/2022 : The Socialite & Ors. Vs. State of Rajasthan & Ors.
House Of Royals Hospitality Llp
State Of Rajasthan
Commissioner Of Police, Jodhpur
Additional Deputy Commissioner Of Police, Jodhpur
Station House Officer, Ratanada Police Station, Jodhpur
Nupur Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
