Disposed

Mr. Santhapuram Anil Kumar, v. The State of Telangana

Telangana HC15 Nov 2023WP/19051/2023

Case brief

AI extract

What is this about?

High Court upheld police powers to supervise hookah centers. Held that while COTP Act allows smoking in designated areas for large restaurants, specific police permission under City Police Act is required, and trade licenses do not automatically permit unregulated hookah sales.

What did the court decide?

Directed respondents (Police) not to interfere if petitioners comply with conditions: obtain charcoal licenses, get specific permission for hookah centers, display health warnings, and restrict adoles

Mr. Santhapuram Anil Kumar, Vs The State… — Pension and Retirement Benefits | Telangana HC (2023)

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[^32e6 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NOS:8223 OF 2013 342712015 457 4212022 4650512022 152 1127, 1809. 1935.2729.273s. ns4. 3124. 37sA. 3784. 4150. 4297. 4304. 43 30. 4562 4680 5084 5097 5147 5149 6510. 6 523 7189 7297 7485 7504. 7949 7963 8117 8226 8246 8268 8498 8509 8564 9558 10122 10241 10425 10775 10814 1 1008 11213 11463 12360 12442 14129 14134 15706 16172 16839 17917 18351 18829 19005 1905'l 197 42 22248 22292 22305 23738 23892 24696 25044 25836 26172 27223 27761 AND 30952 0F 2023

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WP.No.8223 of 2013

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Between:

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Waheed Uddin Ahmed Ansari, S/o Ahmed Ansari Viqaruddin, aged about 26 years, Occ ; Proprietor, Hitler's Den Coffee Shop, R/o.10-4-1411, Flal No.207, Naseer Apartments, Humayun Nagar, Hyderabad

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.....PETITIONER

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AND

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Governrnent of Andhra Pradesh, rep by its Principal Secretary, Home Department, Secretariat Burldings, Saifabad, Hyderabad.

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The Commissioner of Police, Basheerbagh, Hyderabad.

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Th€ Station House Officer, Police Statron Punjagutta, Hyderabad.

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...,.RESPONDENTS

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Petition Under Article 226 of the Constitu{ion of lndia prayiog that in the circumstances stated in the affidavit filed therewith, the High Court rnay b€ pleased to issue a Wnt, order or direclion and rnore particularly one in lhe nature of writ of^{"l\rlandamus"} declaring the action of the Respondents herein Sanning and interfering with the business of the petitioner Hitler's Den Coffee Shop, in serving of flavoured Hookahs withouI reference to rule, law or regr-i.lations as illegal, arbitrary, unconstitutronal and contr€ry to the provisions of the COTP Act and consequently direct the respondents to permit the petitioner to continue his

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business of serving^{flavoured Hookahsin his coffeeshop withoutany hindrance} or restrictions ercePt^{under law}

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LA.NO:1 OF 2013^{(WPMP.NO: 102800F2 013)}

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PetitionUndersectionl5-lCPCprayingthatintheCirCUmstancesstated in the affidavit frled in support^{of the petition, the High Court may be pleased to} directtheRespondentshereinnottointerferewiththebusinesso{thepetitioner Hrtler's Den Coffee^{Shop in serving{lavoured Hookahs to his customers except} rn accordance^{with law, pending disposalof the abovewrilpetition'}

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Counsel for the^{Petitionet: SRI MOHAMMED ASLAM}

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Counsel for the^{Respondents: GP FOR HOME}

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W.P.NO:3427 0F²⁰¹⁵

¶24

Between:

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V. Vamshiram. Sio^{V.Seetha Ram,agedaboul24 years'Fyo '10-4-7'Flat No304' PVG} Apts., Masab^{Tank, Hyderabad.}

¶26

.....PETITIONER

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AND

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'1 The State of Telangana, rep. by its Principal Secretary, Home^Department' Secretariat^{Buildrngs, Hyderabad-}

¶29

The Commissioner^{of Police, Hyderabadat Hyderabad-}

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a. fnr Strtion^{l'louseOfficer,Ramgopalpet Police Station' Secunderabad' Hyderabad'} a. rn" C."rt", Hyderabad^{Municipil boiporation,rep byits Commissioner' Tank Bund} road. Hyderabad.

¶31

.....RESPONOENTS

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Pe.lltion t,nder Anicle^{226 of theConstitutionoI lndiaprayingthat ln the} circumstances^{stated in the affidavit filed therewith' theHigh Courl may be pleasedto} issue an appropriate^{writ, order or direction,more in thenalure of Writ o[ Mandamus'} declaring the^{action of the respondentsherein banning and interferingwith lhe business} of the^{petitioner underthe nameand styleof BREVE "THE COFFEE LAB" at Sindhi} Colony,secunderabad'inservingofflavouredHookahswithotllrefer(]ncetoRuleLawor regulations as rllegal,^{arbitrary, unconslitutionaland contraryto the provisionsof the} Cigarettes and other^{Tobacco Products COTPAct and consequently directthe} rcspondents to^permit the^{petitionersto continue theirbusinesscf servingflavoured} Hookahs. in therr coffee^{shop without any hindrance or restric(lons except under law'}

¶33

.) )

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|.A.NO:1 OF 201s(WPMP. NO:4555 OF 2015)

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Petilion Under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High Court may be pleased to direct the respondents herein not to interfere with the business of the petilioner under the name and style of BREVE "THE COFFEE LAB" at Sandhi Colony , Secunderabad, in serving flavoured Hookahs to their customers except in accordance wilh law, pending disposal of the above writ petition.

¶36

Counsel for the Petitioner : SRI V.BRAHMAIAH CHOWDARY

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Counsel for the Respondent Nos.1 to 3: GP FOR HOME

¶38

Counsel for the Respondent No.4: SRI K.RAVINDER REDDY (SC FOR GHMC)

¶39

W.P.NO:45742 OF 2022

¶40

Between:

¶41

Momula Vinith.S/o Momula Sharanappa, Aged about. 23 yea$, Occ: Business, Nol-A-22917, 2"" Floor, above Vrjetha Super Market, PG Road, Paradise, Hyderabad-plN 50003.

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....PETITIONER

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AND

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1 The State of Telangana, Rep, by its Principal Secretary Home Department, Secrelariat Buildings, Hyderabad.

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2 The Commissioner of Police, Hyderabad City Basheerbagh, Hyderabad.

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3 The Deputy Commissioner of Police, North Zone, Secunderabad.

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4 The Station House Officer, Ramgopalpet Police Station, Hyderabad Commrssionerale, Hyderabad.

¶48

.....RESPONDENTS

¶49

Petition Under Article 226 of the Constitution of lndia praying that in the circumslances stated in the affidavit {iled therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of writ of Mandamus declaring the action of the respondents in banning and interfering with the business of the petitioner before it is started under the name and style of Tree House Care and Bistro, al^'l-8-22911 , 2"d Floor, above Vuetha Super l\4arket, PG Road, Paradise, Hyderabad-PlN 50003 Coffee and cool drink shop (well before it is started), in serving flavoured Herbal tobacco nicotine, and tar free Hookahs, as per rules and regulations as illegal, arbitrary, unconstilutional and contrary lo lhe provisions of cigarettes and other tobacco products CO TP Act and consequently direct the respondents to permit the petitioner to start the

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(

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busrness of serving flavored Herbal tobacco nicotine, and lar free Hookahs Hookahsⁱⁿ the petitioner coffee shop without any hrndrance or restrictions except !nder law.

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|.A.NO:1 OF 2022

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Pelition Under Section^'151 CPC praying that in the Gircumstances stated in the aflidavit filed in supporl of the petition. the High Court may be^pleased to direct the respondents not lo interfere with the petitioner peaceful running the business in the name and style of Tree House Care and Bistro, al 1-8-22917,211 Floot, above Vijetha Super Market, PG Road, Paradise, Hyderabad-PlN 50003 Cotfee and cool drink shop (well before it is started), in serving flavoured Herbal tobacco nicotine, and lar free Hookahs in petitioner coffee shop without any hindrance or reslrictions except under law, pending disposal of lhe above writ petition.

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Counsel for the Petitioner : SRI T.PRASANNA KUMAR

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Counsel for the Respondents : GP FOR HOME

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W.P.NO:/t650 5 0F 2022

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Bstween

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Mr. Mahindra Tikaram, Manager o{ M/s Resign Sky Bar, Aged about. 33^years, Occupation : T{ Business, Having its^premises at Terlace Floor, Plot No. 411,412, SectoI lll,^HUDA Enclave, Sy.No.M, Madhapur Hyderabad. T.S.

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.....PETITIONER

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*AND

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1 . The State ol Telangana, Home Department, Rep by The Principal Secretary, Secretarial Buildings, Hyderabad, Telangana.

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The Commissioner of Police, Cyberabad, Address. P121, Old^{Mumbat Hwy, Nextto} Care Hospital 2-48, Sri Shyam Nagar. Telecom Nagar Extension, Gachibowli, Hyderabad, Telangana 500032.

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The Deputy Commissioner of Police, Madhapur,^Address. lllT^{Junction, Beside} JNIDB, BHEL Road, Gachibowli, Hyderabad,^Telangana 50OO32.

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The Assistant Commissioner of Police, [4adhapur,^{Address.lvladhapurPolice Station} Premises, Hyderabad, Telangana 50008.1.

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The Station House Offlcer, Madhapur^{Police Station, Address. HlechCityRoad,} Near Camille Albane. Kavuri Hills-Madhapur, Sri Rama Colony,^Madhapur, Hyderabad, Telangana 500033.

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.....RESPONDENTS

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Petition Under Article 226 of the Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the^High Courl^may be^{pleased to} pass an order, direction or a Writ particularly in the nature of Writ of Mandamus directing the respondents herein to allow the^petitioner herein to serve hookah in^his establishment freely as long as he lollows the Cigarettes and Other Tobacco Products

¶69

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(Prohibition oI Advedisement and Regulation of Trade, Commerce, Supply and Distribution) Act 2003 and rules and that the petitioner be allowed to serve hookah in open areas and smoking zones and to issue necessary directions to the effect that no coercive action oI any nature ought to be initiated against the petitioner or his establishment namely^"Resign Sky Bar" located in Madhapur.

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LA.NO:-I OF 2022

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Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, lhe High Court may be pleased to direct the Respondenls to not take any coercive steps against the Petitioner for serving hookah in his establishment^"Resign Sky Bai' located in Madhapur pending disposal of the writ petition-

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Counsel for the Petitioner : SRI OMAR A PASHA

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Counsel for the Respondents : GP FOR HOME

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W P.NO:'|52 OF 2023

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Between:

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Mohammed Abubakar Siddiql,e, S/o. Mohammed Abid, Aged about 32 years, Occ : Business, Ryo.H. No.19-4-279isl22, Nawab Sahab Kunta, Jahanuma Hyderaba'd, Telangana State.

¶78

.....PETITIONER

¶79

AND

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The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad.

¶81

The Commissioner of Police, Hyderabad, Telangana State. 3. The lnspector of Police, Falaknuma Police Slation, Falaknuma, Hyderabad, Telangana State.

¶82

Arshiya Khan, Wio Mohammed Ahmed, Aged about 41 years, Occ- Household, FVo H. No-8-14-'l 14/27, Falaknuma, Vattepally, Hyderabad.

¶83

Ayesha, W/o not known to lhe Petitioner. Aged about 36 years, Occ. Household. Syo H.No.8-1 4-1'l 4127, Falaknuma, Vattepally, Hyderabad.

¶84

Yasmeen, Wo not known to the Petitioner, Aged about 34 years, Occ: Household, R/o H. No. 8- 1 4- 1 1 4 127, F alaknuma, Vattepa lly, Hyderabad.

¶85

.....RESPONDENTS

¶86

Petition Under Nlicle 226 of the ConstitLtion of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.3 not initiating action and not registering FIR against the Respondent No.4 upon the complaint daled 2811212022 made by the Petitioner as illegal, arbitrary, without iurisdiction and against the principles of

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natrrral Justice and in violation oI Arlicles 14 and 21 of the Constitution of lndia, besides violation of this Hon'ble Court directions and consequently direct the Respondent No,3 to initiate action and to register FIR against the Respondent No.4 upon the complaint dated 2A-12-2022 made by the petitioner.

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|.A.NO:1 OF 2023

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Petition under Section 151 CPC^praying that in the circumstances stated in the affidavil filed in support of the petition, the High Court may be^pleased to direct the Respondent No,3 to initiate action and to register FIR against the Respondent No.4 upon the complaint daled 28-12-20?2 made by the Petitioner,^pending disposal of main writ petition.

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Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

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Counsel for the Respondent Nos.1 to 3 : GP FOR HOilE

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Counsel for the Respondent Nos.4 to 6 : --

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W.P.NO: 1127 OF 2023

¶95

Between:

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M/s-Snookzone Snooker Parlour and Bakery, C/o.Hussain Bin Omer Maqavi, S/o.Altaf Ali Omer Bin Awad Maqavi, Aged about 47 years, Occ;Eusiness, R/o.H.No.3-S782l3, King Koti, Opp. Parda Gate, Himayathnagar, Hyderabad-29.

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..,.. PETITIONER

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ANO

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The State of Telangana, Rep. by its Principal Secretary. Home Department, Secretariat at Hyderabad.

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The Commissioner of Police, Banjara Hills, Hyderabad.

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The Station House Officer, Narayanguda Police Station. Naray;Inguda, Hyderabad

¶102

.....RESPONDENTS

¶103

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue a Writ, Order or Direction more parlicularly one in the nature of^"Writ of i.rlandamus" by declaring the action of the Respondents more^particularly the^{Respondent No.3 herein} banning and interfering with lhe Restaurant and Coffee Shop Business of the^Petitioner running under the name and style as^"Snookzone Snooker Parlour and Bakery"ⁱⁿ premises bearing Municipal No.4-'l-116/1, First Floor, King Koti, Hyderabad, in serving of flavoured Hookahs without reference to rule. law or regulations as illegal,^arbitrary, unconstitutional and contrary to the^provisions of COTP Act and consequently^{direct the} Respondents to pcrmit the Petitioner lo conlinue his business^{of servingflavoured}

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¶105

Hookahs in his coffee shop without any hindrance or restrictions, in the rnterest of justice.

¶106

|.A.NO:1 OF 2023

¶107

Petition Under Section 15.1 CPC praying that in the circumstances stated in the affidavit filed in supporl of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 herein not to interfere with lhe Restaurant and Coffee Shop Business oI the Petitioner running under the name and style as^"Snookzone Snooker Parlour and Bakery " in premises bearing Municipal No.41-116/1, First Floor, King Koti. Hyderabad, in serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

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Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

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Counsel forthe Respondents :GP FOR HOME

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W.P.NO: 1809 OF 2023

¶111

Between:

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Ws. V3 Chains, a registered partnership firm Represented by ils managing parlner Mr. Rahul Bokadia, S/o. Raj Kumar Bokadia, aged about 27 years, Fi/o. 1-2-593716, Flat No.502, The Legend Koudanya, Street No.4, Lane No.3, Gaganmahal Colony, Domalguda, Himayatnagar, Hyderabad, Telangana 500029 Registered office at 3.6-1024, F.No.102, Janapriya Grandeur, Road No.18, Himayatnagar, Hyderabad -500 018.

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.....PETITIONER

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AND

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'1. The State of Telangana, Rep- by its Principal Secretary, Home Deparlment, Secrelariat, Hyderabad.

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The Commissioner of Police, Basheerbagh, Hyderabad.

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,3.^{The AssistanlCommrssionerof Police, BanjaraHills} Divisaon, Near Trendset Villas, Road No. 3, Baniara Hills, Hyderabad -500 034.

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The Deputy Commissioner of Police, West Zone, AC Guards, Masab Tank, Hyderabad-

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The lnspector o[ Police, Jubilee Hills Police Station, Road No. 36, Beside Peddamma Temple Metro Station, Hyderabad.

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The lnspeclor of Police, Task Force, Government of Telangana, Hyderabad.

¶121

...^.RESPONDENTS

¶122

Petitron Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Courl may be pleased to issue any writ, or order or direction more particularly one in the nature of writ of Mandamus. declaring the aclion of the Respondenls more particularly the Respondent No.5 and 6 herein in interfering with the business ol the Petitioner running under the name and style as^"Makobrew World Coffee Bar" in premises bearing lr,,lunicipal No.8-2-

¶123

¶124

2931A21N1072, consisting ol ground^plus two upper floors, having a carpet area of 5,200 square feel constructed on Plot No.1072. togelher with appurlenanl land altogether admeasuring 1498 square yards^(equivalenl to^'1252.52 square^meters). situated at^Road No.44, Jubilee Hil,s. Hyderabad -5OO033, in serving of Hookah/flavourcd Hookahs in the designated smoking area of reslaurant under the^guise of the amended Rule⁴⁽³⁾ of the prohibition of Smoking in Public Places (Amendment) Rules.2017, wrthout reference to rule of law or regulations as being arbitrary, illegal, colorable exercrse of^power, abuse of process o[ law, abuse of power entrusted by law, abuse of official capacity and position and besides in violalion of Article 14, 19(1) g) and 21 ot Constitution of lndia and contrary to the provisions of Clgarettes and Other Tobacco Products^(Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act and consequentty direct lhe Respondents to^permrt the Petitioner in serving of Hookah/flavoured Hookahs in the designated smoking area oI the Petilioner business running under the name and style as "Makobrew World Coffee Bar" in^premises bearing Municipal No.8-2-293l821N1O72, consrsting of ground plus two upper floors, having a carpet area of 5,200 square feet constructed on Plot No.1072, together with appurtenant land altogether admeasuring 1498 square yards (equrvalenl lo 1252.52 square melers), situated at Road No.44, Jubilee Hills, Hyderabad^-500033 without any hindrance or restrictions.

¶125

LA.NO:I OF 2023

¶126

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petilion. the High Court may be^pleased to direct the respondents not to interfere with the business of the Petitioner running under the name and style as "Makobrew World Coffee Bar" in^premises bearing Municipal^No.8-2- 2931A2N1072, consisting oI^groundplus two upper floors,^having a carpet area of 5,200 square feet constructed on Plot No.1072, together with appurtenant land altogether admeasuring 1498 square yards (equivalenl lo 1252.52 square meters), situated at Road No.44, Jubilee Hills, Hyderabad -500033, in serving of Hookah/flavoured Hookahs to its customers in the designated smoking area of restaurant,^pending disposal of the^present writ petition.

¶127

Counsel for the Petitioner : SRI DIDA VIJAYA KUMAR

¶128

Counsel for the Respondents : GP FOR HOME

W.P.NO: 1935 OF 2023

Betwe€n:

M/s Backyard Coffee Lounge, Situated at Premises No.2-56l33/19/A/'t tzzath Nagar, Khanamet, Kondapur Serilingampally, Hyderabad Rep.by its Proprietor Mr. G_Nagendra Phani Kumar.

¶133

.....PETITIONER

¶134

AND

¶135

TheStateof Telangana, rep by its Pnncipal Secretary Home Department, Secretariat, Hyderabad.

¶136

The Director General of Police, Telangana, Lakdikapool Police Head Quarters Hyderabad.

¶137

The Commissioner of Police, Cyberabad.

¶138

The Deputy Commissioner of Police. Madhapura, Cyberabad.

¶139

The Station House Officer, Madhapur Police Statron, Hyderabad.

¶140

.....RESPONDENTS

¶141

Petition Under Nlicle 226 of lhe Constitution of India praying lhat in the circumstances stated in the affidavit filed therewith, lhe High Court may be pleased to issue a writ, order or direction more particularly one in the nalure of Writ of Mandamus declaring the action of the respondent No.5 in unlaMul interference in running petitioner's business in the name and style of M/s Eackyard Coffee Lounge situated at Premises No.2-56133/19/AJ1, lzzath Nagar, Khanamet, Kondapur, Serilingampally. Hyderabad as unlawful, arbitrary and violative of Article 14 and 19 (1) (g) of the Constitution of lndia and consequently drrect the respondents not to interfere with the business of the petitioner in serving flavored hookahs to their customers at his coffee shop namely M/s Backyard Coffee Lounge except in accordance with law. I.ANO:1 OF 2023

¶142

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.5 not to interfere in the business being run by lhe petilioner in serving flavoured Hookah at lheir cotfee shop in adherence to lhe conditions stipulated by Apex Court and this Court pending disposal of the writ petition in the inlerest of^justice-

¶143

Counsel for the Petitioner : SRI MOHD ASIFUDDIN

¶144

Counsel for the Respondents : GP FOR HOME

W.P.NO: 2729 OF 2023

Between

HBS Hooka Parlour, # 17-51/6, Minar Colony, Shaheen Nagar, Medibowli, Balapur. Ranga Reddy District, Telangana State C/o Ali Bin Saleh Hassaan, S/o Saleh Fasha. Aged about 25 years, Occ. Eusiness. R:/o.H. No.17-2'l3, Jameel Colony, Errakunta. Hyderabad, Telangana State.

¶149

PETITIONER

¶150

AND

¶151

1 . The State of Telangana, Represented by its Principal Secretary Home Department Secretariat, Hyderabad.

¶152

2, The Commissioner of Police, Office at Banjara Hills, Hyderabad.

¶153

The Station House Officer, Balapur Pollce Station, Balapur, Ranga Reddy District.

¶154

...,.RESPONDENTS

¶155

Petition Under Article 226 of the Constilution oI lndia praying that in the circumstances stated in. the affidavit filed therewith, the High Court nray be pleased to issue a Writ, Order or Direclion more particularly one in the natu'e of "WRIT OF MANOAMUS" by declaring the action of the Respondenls moro particularly the Respondent No.3 herein banning and interfering with the Restaurant and Coffee Shop Business of the Petitioner running under the name and style as^"HBS flooka Parlour", in premises bearing municipal No.1 7-5116, Minar Colony, Shaheen Nagar, Medibowli, Balapur, Ranga Reddy District, Telangana State, in serving of flavoured Hookahs without reference lo rule, law or regulations as illegal, arbitrary, unconstitutional and conlrary lo lhe^provisions of COTP Act and consequently direct lhe Respondents to^permrlthe Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hiMrance or restrictions, in the interest of iustice.

¶156

I.ANO:1 OF 2023

¶157

Petition under Section 151 CPC praying that in the circumstances stated^In the affidavit filed an support of the petition, the High Court may be^pleased to direct the Respondents more particularly the Respondent No.3 herein not to inlerfere wilh the Restaurant and Coffee Shop Business of the Petitioner running undor lhe name and style as^"HBS Hooka Parlour", in premises bearing municipal No.17-51^/6. Minar Colony, Shaheen Nagar, Medibowli, Balapur, Ranga Reddy District, Telangana State, in serving flavoured Hookahs to his customers, pending disposal of the main wril^petrtion,

¶158

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶159

Counsel for the Respondents : GP FOR HOME

¶160

W.P.NO: 2735 OF 2023

¶161

Between

¶162

HBS Cafeteria, # 23-1-909, Moghalpura, Charminar, Hyderabad. C/o Hussain Bin Mohsin, S/o Late lr4ohsin Bin Sayeed, Aged about 29 years, Occ;Business, R/o H.No.23-1-909, Bibi X Road, Moghalpura Hyderabad, Telangana State.

¶163

.,.PETITIONER

¶164

AND

¶165

1 The Stale of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad-

¶166

The Commissioner of Police, Office at Banjara Hills, Hyderabad.

¶167

The Station House Officer, Moghalpura Police Station, Moghatpura, Hyderabad.

¶168

.....RESPONDENTS

¶169

Petition Under Arlicle 226 of the Constitution of lndia praying that in the circumslances stated in the affidavit tiled therewith, the High Court may be pleased to issue a Writ, Order or Direction more parlicularly one in the nature of^,,WRIT OF MANOAMUS" by declaring the action of lhe Respondenls more particularly the Respondent No.3 herein banning and interfering with the Restaurant and Coffee Shop Business of the Petitioner running under the name and style as "HBS Cafeteria, in premises bearing municipal No.17-51/6, Minar Colony, Shaheen Nagar, Medibowli, Balapur, Telangana State, an serving of llavoured Hookahs withoul reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop wnhout any hindrance or restrictions, in the rnterest of justice.

¶170

I.ANO:1 OF 2023

¶171

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 herein not to interfere with the Restaurant and Coffee Shop Business of the Petitioner running under the name and style as "HBS Cafeteria", in premises bearing mmicipal No.'17-5'l16, Minar Colony, Shaheen Nagar, Medibowli, Balapur, Telangana S{ate, h serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶172

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶173

Counsel for the Respondents : GP FOR HOME

W.P.NO:2954 OF 2023

Between:

District 12 Flavours of Royalty, # 8-2-686/l(1, 1-8-2-6861K12, Road No.12, Banjara Hills, Hyderabad-34, Telangana State,

¶178

C/o Mohammed lfleqar, S/o Mohammed Eaqlhiyar, Aged about 33 years. Occ ; Business, Rl/o HIG-2, Block -12, Flat No.4, Bagh Lingampally, Chikkadpally, Hyderabad, Telangana State.

¶179

...PETITIONER

¶180

AND

¶181

1 . The State of Telangana, Represented by its Principal Secrelary Home Deparlment, Secrela.iat, Hyderabad.

¶182

The Commissioner of Police, Office at Banjara Hills, Hyderabad.

¶183

The Station House Ofl'icer, Banjara Hills Police Station, Banjara Hills, Hyderabad.

¶184

.,..-RESPONDENTS

¶185

Pelition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 herein banning and interfering with the Restaurant and Coffee Shop Business of the Petitioner running under the name and style as^"District 12 flavours of Royalty. in premises bearing No.8-2-686/K/1,^{'l-8-2-686lKl?,} Road No^'12, Eanjara Hills, Hyderabad-34, Telangana State, in serving of flavoured Hookahs without reference lo rule, law or regulations as illegal, arbitrary, unconstitutbnal and contrary lo the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner lo continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest ofjustice-

¶186

|.A.NO:1 OF 2023

¶187

Petition Under Section 151 CPC praying that in the circumstances stated rn the affidavit filed in support of the petition, the High Court may be pleased lo direct the Respondents more particularly the Respondent No.3 herein not to inlerfere wilh the Restaurant and Coffee Shop Business of the Petitions running under the name and style as "District 12 Flavours of Royalty, in premises bearing No.8-2-6861Kl1.1-8-26861K12, Road No.'12, Banjara Hills, Hyderabad-34, Telangana State, in serving flavoured Hookahs [o his customers, pending disposal of the main writ petrtron.

¶188

Counsel for the Pelitioner : SRI BABEEB ABUBAKAR ALHAMED

¶189

Counsel for the Respondents : GP FOR HOME

W.P.NO: 3124 OF 2023

Between:

AR Shisha Hookah Centre, # 3-4-885/1, 1/A & 2, Barkatpura, Hyderabad, Telangana State C/o Mohammed Azhar Shareef, S/o Ahmed Subhan Shareef,

¶194

,....PETITIONER

¶195

AND

¶196

1 The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad.

¶197

The Commissioner of Police, Office at Banjara Hills, Hyderabad.

¶198

The Station House Officer, Narayanguda Police Station, Narayanguda, Hyderabad.

¶199

.....RESPONDENTS

¶200

Petition Under Article 226 of the Constitution of lndra praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 herein banning and interfering with the Restaurant and Coffee Shop Business of the Petitioner running under the name and style as "AR Shtsha Hookah Centre", in premises bearing No.3-4-88511,ltA & 2, Barkatpura, Hyderabad, Telangana State, in serving of flavoured Hookahs without reference to rule, law or regulalions as illegal, arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest of^justice.

¶201

|.A.NO:1 OF 2023

¶202

Petition Under Section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondenls more particularly the Respondent No.3 herein not to interfere with the Restaurant and Coffee Shop Business of the Petitioner running under lhe name and style as^"AR Shisha Hookah Centre", in premises bearing No.3-4-8851-!,, 1lA and 2, Barkatpura, Hyderabad, Telangana State, in serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶203

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMEO

¶204

Counsel for the Respondents : GP FOR HOME

W.P.NO:3758 OF 2023

Between:

Hookah.Com, Shop No.19-5-31/4,/2511 , Kishan Bagh, Bahadurpura, Circle-3o, Hyderabad Rep.by its owner, Mohd Bilal, S/o.N4ohd Khaleel, Aged abul.27 years, Occ ; Business, Fyo H. No.19-4-340/99/ 1. Kishanbagh. Masudia Masjid, Bahadurpura, Hyderabad.

¶209

PETITIONER

¶210

AND

¶211

The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad.

¶212

The Commissioner of Police, Office at Banjara Hills, Hyderabad.

¶213

The Station House Officer, Bhadurpura Police Station, Hyderabad,

¶214

.....RESPONOENTS

¶215

Pelition Under Article 226 of lhe Conslitution of lndia praying that in the circumstances stated in the affidavit filed therewath, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of "WRIT OF MANDAmUS" by declaring the action of th€ Respondents more particularly the Respondent No.3 herein banning and interfering with the Restaurant and Coffee Shop Business of the Petitioner running under the name and style as "Hookah.Com, Shop No.19-5-31/A,/25l1 . Kishan Bagh, Bahadurpura, Circle-30, Hyderabad. Rep.by its owner, Mohd Bilal, S/o.lvlohd Khaleel. Telangana State, in serving of flavored Hookahs without reference to rule, law or regulations as illegal, arbatrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest of .iustice.

¶216

|.A.NO:1 OF 2023

¶217

Petilion Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, lhe High Courl may be pleased to direct the Respondents more particularly the Respondent No,3 herein nol to interfere with the Restauranl and Coffee Shop Business of the Petitioner running under the name and slyle as Hookah.Com. Shop No.19-5-31/4,/2511, Kishan Bagh, Bahadurpura, Circle-3O, Hyderabad, Rep.by its owner Mohd Bilal S/o.Mohd Khaleel, in servrng flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶218

Counsel forthe Petitioner: SRI HABEEB ABUBAKAR ALHAMED

¶219

Counsel {or the Respondents : GP FOR HOME

l- I)

W.P.NO: 3784 OF 2023

Between:

1, M/s Ouch Cafe, rep by its Dudala Bhanuchander, Plot No. 3B/8, Laxmr Nagar Colony, Manikonda, Rajendra Nagar, Circle No.1 .1 , Hyderabad, Telangana.

¶224

Dudala Bhanuchander, S/o Dudala Rajeshwar, Aged about 22 yea-s, Ptot No. 38/8, Laxmi Nagar Colony, Manikonda, Raiendra Nagar, Crrcle No.1'1. Hyderabad, Telangana.

¶225

-....PETITIONERS

¶226

AND

¶227

The State of Telangana, Rep. by its Principal Secretary, Home Deparlment. Secrelariat Building, Hyderabad.

¶228

The Commissioner of Police, Cyherabad, Government of Telangana.

¶229

The Greater Hyderabad Municipal Corporation, Rep. by lts Commissioner. Tank Bund Road, Hyderabad.

¶230

,,... RE SPON OENTS

¶231

Petition Under Arlicle 226 of the Constitutlon of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, one more particularly in the nature of Writ of Mandamus. restraining the respondents from taking any aclion aEainst the petitioners in stopping or banning or interfering in the business of the petitionets from serving flavoured Hookahs at their shops which is in contravention to provisions of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and RegLllalion of Trade and Commerce, Production, Supply and Oistribution) Act, 2003 and consequently direct the respondents not to interfere with the business activily of serving flavoured Hookah in its shop. I.A.NO:f OF 2023

¶232

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased lo direct the respondents herein not to interfere with the business of the petitioners in serving flavoured Hookahs to lheir customers expect in accordance with law, pending the disposal of lhe above writ petition.

¶233

Counsel for the Petitioners : SRI SHREEDHAR OASARI

¶234

Counsel for the Respondent Nos.1 & 2 : GP FOR HOME

¶235

Counsel for the Respondent No.3 : SRI V,PRAVEEN KUMAR

W.P.NO:4150 OF 2023

Between

Royal Hookah Parlour. Shop No.7-103/1. Rajiv Gandhi^{Nagar, Pahadi} Shareet. Rep.by^its owner, lbrahim Bin Omer Sharabi, S/o. Omer Bin Sayeed Sharabi, Occ ; Eusiness, aged about- 30years, R/o.H No.18-11-671N45/8, Barkas, Salala, Bandlaguda. Hyderabad-0s.

¶240

...PETITIONER

¶241

AND

¶242

'1. The State of Telangana, Represented by its Principal Secretary Home Depa(ment, Secretariat, Hyderabad.

¶243

The Commissioner of Police, Office at Rachakonda, Hyderabad.

¶244

3- The Station House Officer. Pahadi Shareef Police Station, Rachakonda Commissionerate.

¶245

.....RESPONDENTS

¶246

Pelition Under Adicle 226 of the Constitution of lndia praying that in the circumstances stated in the aflidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondenl No.3 herein banning and interfering with the Coffee Shop Business of the Petitioner running under the name and style as^"Royal Hookah Parlour, Shop No.7103/l, Rajiv Gandhi Nagar, Pahadi Shareef, Rep.by its owner, lbrahim Bin Omer Sharabi, in serving of flavoured Hookahs wilhout reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest of^justice.

¶247

I.ANO:1 OF 2023

¶248

Petilion Under Section 151 CPC praying that in the circumstances statqd in the affidavit filed in support of the petition. lhe High Court may be pleased to direct the Respondents more particularly the Respondent No.3 herein not to in(erfere with the Coffee Shop Business of the Petitioner running under the name and style as "Royal Hookah Parlour, Shop No.7-103/1. Ra.jiv Gandhi Nagar, Pahadi Shareef, Rep.by its owner, lbrahim Bin Omer Sharabi, in serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶249

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶250

Counsel for the Respondents : GP FOR HOME

W.P-NO: 4297 OF 2023

Between:

Al Abood Hookah Lounge, Situated at 17-3-80711, Zaffar Road, Yakutpura, Circle-25 lyderabad,^{Rep.by its owner, lvlohammed Shahrukh Ali, S/o-l\ilohammedYahya, Occ:} Business, aged about. 26 years, Fl/o.H.No.17-3-807/1 , Yakuthpura, Zafar Road, Charminar, Hyderabad-23.

¶255

..... PETITIONER

¶256

AND

¶257

The State of Telangana, Represented by its Prindipal Secretary Home Department, Secretariat, Hyderabad.

¶258

The Commissioner of Police, Office at Banjarahills, Hyderabad.

¶259

The Station House Officer, Yakuthpura Police Station, Hyderabad.

¶260

Assistant Commissioner of Police, Mirchowk, Hyderabad-

¶261

.-...RESPONDENTS

¶262

Petition Under Adicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nalure of 'WRIT OF MANDAMUS" by declaring the action of the R6spondents more particularly the Respondent No.3 and 4, herein banning and interfdring with the said Business of the Pelitioner running under the name and style as "Al Abood Hookah Lounge, Situated al 17 -3-8Ol11, Zatlar Road, Yakutpura, Circle-2s Hyderabad, Rep.by its owner Mohammed Shahrukh Ali, in serving of flavoured Hookahs rtirithout reference to rule, Iaw or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffde shop without any hindrance or restrictions, in the interest of .iustice,

¶263

I.ANO:f OF 2023

¶264

Petition Under Section 151 CPC praying that^'in the circumstances stated in the affidavit filed in support of the petition, the High Cburt may be^pleased to direct the Respondents more^particularly the Respondent No.3 and 4 herein not to anterfere with the Coffee Shop Business of the Petitioner running under the name and style as Al Abood Hookah Lounge, Situated al 17-3-80711, Zaffar Road, Yakutpura, Cicle-2s Hyderabad, Rep.by its owner Mohammed Shahrukh Ali, in serving flavoured Hookahs to his customers, pending disposal of the main writ petition-

¶265

Counsel for the Petitioner: SRI HABEEB ABUBAKAR ALHAMED

¶266

Counsel for the Respondents : GP FOR HOME

W.P.NO:4304 OF 2023

Between:

Nikhil Kumar Agarwal. S/o,Anil Kumar Agarwal, Aged about 25 year:;, Occ ; Business, H.No.19-1-988, Gollakhidki, Murh Nagar. Bahadurpura, Hyderabad.

¶271

....PETITIONER

¶272

AND

¶273

The State of Telangana, Rep by its Principal Secretary, Home Department, Secretariat, Hyderabad-

¶274

The Commissioner of Police, Basheerabagh, Hyderabad.

¶275

The Stalion House Officer. Narayanguda, Telangana.

¶276

..RESPONDENTS

¶277

Petilion Under Article 226 of the Constilution of lndia praying that in the circumstances stated in the atfidavit filed therewith, the High Court nray be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Orders declaring the action of the Respondents more particularly the Respondent No.3 herein in banning and interfering with the Reslauranl and Coflee Shop Business of the Petitioner running under the name and style as PEACE CAFE rn premises Municipal No. 3-6-195/A, Terrace, 4rr' Floor, Himayathnagar, Hyderabad-29, in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary. unconstitutional and contrary to the^provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to conlinue his business of servrng flavoured Hookahs in his coffee shop without any hindrance or restrictions, I.ANO:1 OF 2023

¶278

Petition Under Section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petilion, the High Court may be pleased lo direcl the Respondents more particularly the Respondent No.3 herein not to interfere with the Restaurant and Coflee Shop Business of the Petitioner running under lhe name and style as PEACE CAFE in premrses Municipal No. 3-6-195/A, Torrace, 4'h Floor, Himayathnagar, Hyderabad-zg, in serving flavoured Hookahs to his customers.

¶279

Counsel for the Petitioner : SRI SUJITH JAISWAL

¶280

Counsel for the Respondents : GP FOR HOME

l:1

W.P.NO: 4330 OF 2023

Between:

Cafe l-aham, Situated at Plot No.8, Achuta Co-operative Society, Road No-10, Banjara Hills, Circl€-10, Hyderabad Rep.by its owner, Shaik Haroon Ali, S/o. Shaik lvlomin Alt, Occ; flg9in9.ss,^{aged about 3'l years,R/o H No 8-2-386/1,Road No.5,DeverakondaBastiBanjara} Hills, Hyderabad.

¶285

.....PETITIONER

¶286

AND

¶287

1 . The State oI Telangana, Represented by its Principal Secretary Home Department, Secretarial, Hyderabad.

¶288

The Commissioner of Police, Office at BaniarahiHs, Hyderabad.

¶289

The Station House Officer, Banjara Hills Police Stataon, Hyderabad.

¶290

Task Force, West Zone, Complex Kalasiguda, Secunderabad.

¶291

.....RESPONOENTS

¶292

Petition Under Nlicle 226 of the Constitution of lndia praying that in the circumstances staled in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of 'WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No-3 and 4 herein banning and interfering wath the Coffee Shop Business of the Petitioner running under the name and style as Cafe Faham, Situated at Plot No.8, Achuta Co-operalive Socrety, Road No.^'10, Banjara l.lills, Circle-10, Hyderabad, Rep.by its owner, Shaik Haroon Ali, S/o. Shaik Momin Ali; in serving of flavoured Hookahs without reference lo rule, law or regulations as illegal, arbitrary, unconstitutiona I and contrary to the provisaons of COTP Act and consequently direct the Respondents to permit the Pelitioner to continue his business of serving flavoured Hookahs in his coffee shop wrthout any hindrance or restrictions, in the interest of^justice.

¶293

l.A.NO:1 OF 2023

¶294

Petition Under Seclion 1 5'l CPC praying that in the circumstances stated in the affidavit filed in support of the petrtron, the High Court may be pleased to drrect the Respondents rnore particularly the Respondent No.3 and 4 herein not to interfere with the Coffee Shop Business of the Petitioner running under the name and style as Cafe Faham, Situated at Plot No.8, Achuta Co-operative Sociely, Road No.10, Banjara Hills, Circle-10, Hyderabad, Rep.by its owner, Shaik Haroon Ali, in serving flavoured Hookahs to his customers. pending disposal of the main writ p€tition-

¶295

Counsel for the Petitioner: SRI HABEEB ABUBAKAR ALHAMED

¶296

Counsel for the Respondents : GP FOR HOME

W.P.NO:4562 OF 2023

Between:

Badikala Vamshr, S/o Badikala Venugopal. Aged about 23 Years, Occ : Business, R/o.H.No.&100/648/'103, Sai Sriyas Geetika Homes, Flat No 103, Srinivas Nagar Colony, Kompally, Hyderabad, Telangana.5001OO-

¶301

...PETITIONER

¶302

AND

¶303

1 The Stale of Telangana, Rep. by its Principal Secretary, Home Development Department, Secretariat Building, Hyderabad.

¶304

2 The Commissioner of Police, Rachakonda Police Commissionerate, Neredmet, Secunderabad, Telangana State.

¶305

3 The Assistant Commissioner of Police, Kushaiguda, Hyderabad.

¶306

4 The Station House Officer, Jawaharnagar Police Station, Hyderabad.

¶307

....,RESPONOENTS

¶308

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, lhe High Court may be pleased to issue a Writ. order or direction more parlicularly one in the nature of Wril o[ Mandamus by declaring the action o[ the Respondents more particularly the Respondent No.4 herein banning and interfering with the Restaurant and Coffee Shop Eusrness of the Petitioner running under the name o[ Eleven Bistro Cafe in premises of Flat No.501 and 502, Plot No.C1M, Sy.No.164, Block, No.8, Shaili Gardens, Rajani Pride Commercial Complex, Yaprai, Alwal, Medchal (Malkajgiri) in serving of Continental, Chinese, lndian, Bristo and flavoured Hookahs without reference to rule, law or regulalions as illegal. arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit Ihe Petitioner to continue his business of serving flavoured Hookahs in his restaurant and coffee shop in the name of Eleven Bistro and Cafe without any hindrance or reslrictions.

¶309

|.A.NO:1 OF 2023

¶310

Petition Under Section^'151 CPC praying that in the orcumstances stated in the alfidavit filed in support of the petition, the High Court may be pleased to direct the respondenls to permit the Petitioner to continue his business oI serving flavoured Hookahs in his restaurant and coffee shop in the name of Eleven Eistro and Cafe without any hindrance or restrictions.

¶311

Counsel for the Petitioners : SRI TANAJI PRADEEP KUMAR

¶312

Counsel for the Respondents : GP FOR HOME

W.P.NO: 4680 OF 2023

Between;

M/s.The Mqgical Pipe, Premrses Bearing No.3-6-151 lo 1531402, Himayath Nagar, Hyderabad, Bep. by its Proprietor Sri Deenawale Dinesh, S/o.Deenawale Rajesh Singh. Age 26 years, R/o.H.No.4-1- 175/3/P, Attapur, Buqari Dargah. Bharath Nagar, Attapur. Hyderabad.

¶317

.....PETITIONER

¶318

AND

¶319

1 . The State of Telangana, Represented by its Principal Secretary. Home Department, T.S. Secretariat, Hyderabad, Telangana State.

¶320

The Commissioner o[ Police, Hyderabad City, Hyderabad, Telangana State.

¶321

The Deputy Commassioner of Police, Central Zorie, Hyderabad Commissionerate, Hyderabad City, Telangana State.

¶322

The Assistant Commissioner of Police, Abids Division, Hyderabad Commisstonerate, Hyderabad City, Telangana State.

¶323

The Station House Otficer, Narayanaguda Police Station, Hyderabad City, Telangana State-

¶324

,.,..RESPONDENTS

¶325

Petition Under Article 226 of the Constitution ol lndia praying that in the

¶326

circumstances stated in the affidavit filed therewilh. if,. Hign Court may be pleased to issue an Order, Direction or Writ, more particularly a Writ of MANDAMUS declaring the action of the respondents in interfering with lhe buiiness of the petitioner, in serving

¶327

flavoured hookahs at "the Magical Pipe" situated at Door No.3S-15'l lo 1531402, Himayathnagar, Hyderabad as illegal, arbitrary and withoul jurisdiction and violation of

¶328

principles of natural justice as well as lhe infringemenl of the fundamental rights conferred under Articles 14, 19 (1) (g) and 21 of the Constitution of lndia and consequently direct the respondent police herein not lo take any coercive steps against business activity of the^petitioner in serving the flavoured Hookahs to their customers, in the interest of^justice.

¶329

|.A.NO:1 OF 2023

¶330

Petition Under Section'151 CPC^prayrng that in the circumstances stated in the affidavit filed in support of the petrtion, the High Cburt may be pleased to direct the Respondents not to interfere with the business of the^petitioner under the name and style M/s.The Magical Pipe" situated at Door No.3-6-151 lo 1531402, Himayathnagar, Hyderabad in serving the flavoured Hookahs to their customers, except in accordance with law, pending disposal of the above writ petilion.

¶331

Counsel for the Petitioner : SRI MOHD SUBHAN PASHA

¶332

Counsel for the Respondents : GP FOR HOME

¶333

L

¶334

W.P.NO: 5084 OF 2023

¶335

Between:

¶336

SKY 9 CAFE AND LOUNGE, H.No.B-14 J Colony Jubilee Hills. Crrcle 37, Circle 37, Hyderabad, Rep.by its owner, Mohammed Abdul Mugheeth, S/o. Moharnmed Abdul Malik. Mohammed Ali, Occ ; Eusiness, aged about. 24 years, R/o.H.No 2-3-64i18.1183, Amberpet, Hyderabad-23.

¶337

PETITIONER

¶338

AND

¶339

The State of Telangana, Represented by its Principal Secrelary Home Department, Secretariat, Hyderabad-

¶340

The Commissioner of Police, Office at Banjarahills. Hyderabad.

¶341

The Station House Officer, Banjara Hills Police Station, Hyderabad.

¶342

Assistant Commissioner of Police, Panjagutta, Hyderabad. .....RESPONDENTS

¶343

Petition Under Article 226 of the Constitution of lndra praying that in the circumstances stated in the affidavit filed lherewith, the High Court nray be pleased to issue a Writ, Order or Direction more particularly one in the natrrre of "WRIT OF MANDAMUS" by declaring the action of the Respondents mor(: parlicularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style "SKY 9 CAFE AND LOUNGE. H.No.B-14 J ColonyJubilee Hills, Circle 37, Crrcle 37, Hyderabad Rep. by its owner, Mohammed Abdul Mugheeth, S/o. Mohammed Abdul Malak, Occ, Business aged about 24 yea$, R/o. H. No.2-3-64718/193, Amberpet, Hyderabad in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstrtulion.] I and contrary to the^provisions of COTP Act and consequently direct the Respondents to perm.it the Petitioner [o continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest of lustice.

¶344

|.A.NO:1 OF 2023

¶345

Petition Under Section 151 CPC praying thal rn the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct lhe Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the^"SKY I CAFE AND LOUNGE, H.No.B-l4 J Colony Jubilee Hills, Circle 37, Circle 37, Hyderabad Rep- by its owner, Mohammed Abdul lsilugheeth S/o Mohammed Abdul Malik, Occ. Business aged about 24 yearc, R/o.H.No.2 3 A47181193, Amberpet, Hyderabad serving flavoured Hookahs to his cuslomers, pending disposal of the main writ^petition.

¶346

Counsel forthe Petitioner: SRI HABEEB ABUBAKAR ALHAMED

¶347

Counsel for the Respondents : GP FOR HOME

2-l

W.P.NO: 5097 OF 2023

Between

KINGS HOOKAH PARLOUR, Situated at, 19-4 213114, Taj Fataknuma, Circle^.1, circle 1, lyderabad.^{Rep.byits owner, Mohammed Faiyaz,S/o. Mohammed Fareed Pasha,Occ} ; Business, aged about. 25 years, R/o.H. No.1 9-4-2y3114, I4 Falaknuma, Crrcle 1 , circlel, Hyderabad -23.

¶352

PETITIONER

¶353

AND

¶354

1 The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad.

¶355

2 The Commissioner of Police, Office at Baniarahills, Hyderabad,

¶356

3 The Station House Oflrcer, Falaknuma Police Station, Hyderabad. 4 Assistant Commissioner of Police, Falaknuma, Hyderabad-

¶357

...,.RESPONOENTS

¶358

Petition Under Article 226 of the Constitution of lndia praying that in the circumslances stated in the affidavit filed lherewith, the High Court may be pleased to issue a Writ, Order or Drrection more particularly one in the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style as,^"KINGS HOOKAH PARLOUR-, Situated al 19-4-213114, Ta1 Falaknuma, Circle 1, circlel, Hyderabad. Rep.by its owner, Mohammed Faiyaz, S/o. Mohammed Fareed Pasha, Occ ; Business, aged about 25 years, R/o.H.Nc.19-4-213114, Taj Falaknuma, Ciicle^'1, circlel, Hyderbad.23-23. Hyderabad-23 in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to conlinue his business of serving Ilavoured Hookahs in his coffee shop without any hindrance or restriclions, in the anterest of^justice.

¶359

|.A.NO:1 OF 2023

¶360

Petition Under Sectron^.151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the Coflee Shop Business of lhe Petitioner running under the name and style as", KINGS HOOKAH PARLOUR, Situated at, 1g-4-213114, Ta1 Falaknuma, Circle 1, circle, Hyderabad. Rep.by its owner, Mohammed Faiyaz S/o. Mohammed Fareed Pasha, Occ. Business, aged about. 25years, Ryo H.No- 19-4-213114, Taj Falaknuma, Circle 1, circlel,Hyderbad.23 in serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶361

2t^

¶362

Counsel for the Petitioner: SRI HABEEB ABUBAKAR ALHAMED

¶363

Counsel for the Respondents : GP FOR HOME

¶364

W.P.NO: 5147 OF 2023

¶365

Between:

¶366

Cafe Foresta, Situated at, 5h floor, Malik Solitaire, Plot No 72, Red No 36. Jubrlee Hills, Hyderabad Circle 37, Circle-37, Hyderabad Rep.by its owner, Sarfaraz Khan, S/o Younus Khan, Occ : Business, aged about. 29 years, Ryo.H No.8- 1-329/A/1/'16. Kohesar Colony, Shaikpet, Golconda, Hyderabad-23.

¶367

PETITIONER

¶368

AND

¶369

1 The State of Telangana, Represented by its Principal Secretary Home Department, Secrelarial, Hyderabad.

¶370

2 The Commissioner of Police, Oflice at Banjarahills, Hyderabad.

¶371

3 The Station House Offrcer, Banjara Hills Police Station, Hyderabad

¶372

4 Assistanl Commissioner of Police, Paniagutta, Hyderabad.

¶373

.-... RESPONDENTS

¶374

Petition Under Nlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature o[ "WRIT OF MANDAMUS" by declaring the action of the Respondenls more particularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner runnrng under the name and style Cafe Foresla, Siluated at, 5'h floor, [,4alik Solitaire, Plot No.72, Red. No.36, Jublee Hilles, Hyderabad Ctcle 37 , Circle-37, Hyderabad Rep.by its owner, Sarfaraz Khan, S/o. Yunus Khan, Occ.. Business,, aged about. 29 years, Ryo.H.No.8-1-3291N'1116, Kohesar Coloney, Shaikpet. Colconda, Hyderabad-23 in serving of flavoured Hookahs without reference to rule. law or regulations as illegal, arbitrary, unconstitutional and contrary to the provtsions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavored Hookahs in his cof[ee shop without any hindrance or restrictions, in the interest of iustice.

¶375

l.A.NO:1 OF 2023

¶376

Petition Under Section 151 CPC praying that in the circumstances slated in the affidavit filed in support of the petition, the High Court may be pleased to direct lhe Respondents more particularly the Respondent No 3 and 4 herein not to rnterfere wilh the style Cafe Foresta, Situated al, 5ih floor, [/alik Solitaire, Plot No. 72. Red No.36, Jublee Hilles, Hyderabad Circle 37, Circle-37, Hyderabad Rep.by its owner, Sarfaraz Khan S/o, Yunus Khan, Occ : Business, aged about. 29 years. R/o.H.No.8-1- 3291N1116,

¶377

¶378

Kohesar Coloney, Shaikpet, Golconda, Hyderabad-23 serving flavoured Hookahs to his customcrs, pending disposalof the main writ petition.

¶379

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶380

Counsel for the Respondents : GP FOR HOME

¶381

W.P.NO:5149 OF 2023

¶382

Between:

¶383

ALI SHISHA LOUNGE, Situated at5-8-453, Chirag Ali Lane, Circte 12. Ctcte-lz, Hyderabad. Rep.by its owner, Mohammed Ali , S/o.Mohammed Ghouse, Occ.Euslness, aged about.26 years, R/o.H.No. 17-3-198/31, Yakuthpura, Irrladina Nagar, Charminar, Hyderab;d-23.

¶384

.....PETITIONER

¶385

AND

¶386

1 The State of Telangana, Represented by its Principal Secretary Home Deparlment, Secretariat. Hyderabad.

¶387

2 The Commissioner of Police, Office at Baniara Hills, Hyderabad. The Station House Offlcer, Abids Police Station, Hyderabad. Assistant Commissioner of Police, Abids, Hyderabad.

¶388

.....RESPONDENTS

¶389

Petition Under Nlicle 226 of the Constitution of lndia praying thal in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style'ALl SHISHA LOUNGE, Situated at 5-8-453, Chirag Ali Lane, Circle 12, Circle-12, Hyderabad. Rep.by its owner, Mohammed Ali, S/o. Mohammed Ghouse, Occ : Business, aged about.26 years, R/o.H.No.17-3-198/3.1, Yakulhpura, Meina Nagar, Charminar, Hyderabad- 23 in serving of flavoured Hookahs wilhoul reference to rule, law or regulations as illegal, arbitrary, unconstitulional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to conlinue his business o{ serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the inlerest o,^justice. |.A.NO:1 OF 2023

¶390

Petition Under Section 15.1 CPC praying that in the circumstances stated in the affidavit tiled in support of lhe petition, the High Court may be^pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the Coffee Shop Business of the Petitioner running under the name and style as^"ALl SHISHA LOUNGE, Situated at 5-8-453, Chirag AIi Lane, Circle 12, Ctcle-1z, Hyderabad. Rep. by its owner, Mohammed Ali, S/o. Mohammed Ghouse, Occ: Business, aged about:

¶391

¶392

26 yearc, Rt/o. H.No. 17-3-198131 . Yakuthpura, Meina Nagar, Charminar, Hydr:rabad-23 in servrng flavoured Hookash to his customers.^pending disposal of lhe main writ^petition.

¶393

Counsel for the Petitioner ; SRI HABEEB ABUBAKAR ALHAMED

¶394

Counsel for the Respondents : GP FOR HOME

¶395

W.P.NO: 6510 OF 2023

¶396

Between:

¶397

Magic Shisha Nights and Cafe, # 194-418/1/19, Eahadurpura. Tadban, Hyderabad, Telangana State, C/o Mohammed lmran Khan, S/o Mohammed Akbar Khan, Aged about 26 years, Occ ; Business, Rl/o H. No-20-2-256/3, Doodh Bowli, Bahadurpura, Hyderabad.

¶398

....PETITIONER

¶399

AND

¶400

The State ofTelangana, Represented byits Principal Secretary Home Department, Secretariat, Hyderabad.

¶401

The Commissioner of Police, Office at Baniara Hills, Hyderabad.

¶402

The Station House Officer, Bahadurpura Police Station, Bahadurpura, Hyderabad.

¶403

.....RESPONOENTS

¶404

Petition Under Adicle 226 of the Constitution o( lndia praying that tn the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ. Order or Direction more particularly one in the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly lhe Respondent No.3 herein banning and interfering with the Restaurant and Coffee Shop Business of the Petitioner running under the name and style as "Magic Shisha Nighls and Cafe", in premises bearing No..l94-41811119, Bahadurpura, Tadban, Hyderabad, Telangana State, in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbilrary, unconslitutional and contrary to the provisions o, COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his cafe without any hindrance or restrictions, in lhe interest of justice.

¶405

l.A.NO:1 OF 2023

¶406

Petition Under Section^'151 CPC praying that in the crrcumstances slated in the affidavit filed in supporl of the petition, the High Court may be pleased to direct lhe Respondents more particularly the Respondent No.3 herein not to interfere with the Restaurant and Cafe Busrness of the Petitioner running under the name and style as "Magic Shisha Nights and Cafe", in premises bearing No.19-441811l19,8ahadurpura,

¶407

¶408

Tadban, Hyderabad, Telangana state, rn serving flavoured Hookahs to his customers, pending disposal oI the main writ petition_

¶409

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶410

Counsel for the Respondents : GP FOR HOME

¶411

W.P.NO: 6523 OF 2023

¶412

Between:

¶413

sheesha Times cafe and Hookah center, Situated at 3-5-896/2 and 3. vittal Wadi Himavath Nagal Hyderabad. Rep.by its owner, Jillkapally Krishna Reddy. S/o. Jillkapallv Aqir;a;;. Occ..tsusiness, age_d about 49 Years, R/o.H.No.2-10-.152, Srirdma Colony, Upbat,"Rangl; Reddy, Hyderabad-Telangana.

¶414

.....PETITIONER

¶415

AND

¶416

1 . The State of Telangana, Represented by its^principal Secrelary Home Department, Secretariat, Hyderabad_

¶417

The Commissioner of Police, Office at Banjarahills, Hyderabad_

¶418

The Station House Officer, Narayanguda, Police Station, Hyderabad.

¶419

Assistant Commissioner of Police, Abids, Hyderabad.

¶420

.....RESPONDENTS

¶421

Petilion Under Article 226 of the Constitution of lndia praying that in the circumstances slated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of^,,WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly lhe Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style "Sheesha times and cafe and hookah center, Situated at 3-5-896/2&3, Vittal Wadi Himayath Nagar, Hyderabad_ Rep.by its owner, Jillkapally Krishna Reddy, S/o. Jillkapally Agireddy, Occ : Business, aged about. 49 years, R/o- H. No.2-10- 152, Srirama Colony, Uppal, Ranga Reddy, Hyderabad-23 in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest of^justice.

¶422

l.A.NO:1 OF 2023

¶423

Petition Under Section 15'l CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the^"Sheesha Times Caf6 and Hookah Center, Situated at 3-5-896/2&3, Vittat Wadi

¶424

,<Z

¶425

Himayath Nagar, Hyderabad Rep^{by its owner,Jillkapally KrishnaReddy,S/o. Jillkapally} Agireddy, Occ: Business, aged about:^{49Years, R/} o,^{H. No, 2-10 152' Srirama Colony,} Uppal, Ranga Reddy, Hyderabad-23Coffee Shop^{Businessof the Petilionerrunning} under the name and style as in serving^{flavoured Hookahs[o his cLrstomers,pending} disposal of the main writ^pe{ition.

¶426

Counsel for the Petitioner : SRI HABEEB^{ABUBAKARALHAMED}

¶427

Counsel for the Respondents : GP FOR HOME

¶428

W.P.NO:7189 OF 2023

¶429

Between:

¶430

AYYAN COFFEE LOUNGE, Situated at Plot^'12, Sy.No.152, 8- 5-136/12iP.. SR^Towers. Opp Milardevpally, PS, Durga Nagar, Milardevpally, Rjendranagar, Rangareddu, Hyderabad. Rep. by its owner, Shiak Mohsin Ali. S/o. Shaik Shoukat^{Ali, Occ} ; Business, aged about²⁷ years, Rl/o.H.No.4-16/A Qayyum Nagar, M-M. Pandi, Near Masjid Abbas, Rajendemagar, Telangana.

¶431

-PETITIONER

¶432

AND

¶433

'I The State of Telangana, Represenled by its Principal Secretary Home Department, Secretariat, Hyderabad.

¶434

2 Cyberabad Police Commissioner o{fice, Old Mumbai, Hyw, Next to care Hospital 2- 48 Sri shyam Nagar, Telecom Nagar, Extension, Gachibowli , Hyderabad.

¶435

3 The Station House Ofllcer, Mailardevpally, Police Station, Hyderabad. 4 Assistant Commissioner of Police, Kukatpally, Hyderabad,

¶436

.,...RESPONDENTS

¶437

Petition Under Article 226 of the Constitution of lndia praying lhat in the circumstances stated in the affidavit filed therewith, the^High Court ntay be^{pleased to} issue a Writ, Order or Direction more partlcularly one in the nature of "WRIT^OF MANDAMUS" by declaring the action of the Respondents more^{particularlythe} Respondent No.3 and 4. herein banning and^interfering wilh the^{said Eusiness} of^the Petitioner running under lhe narne and style "AYYAN COFFEE^LOUNGE, Situated^at Plot 12 Sy.No.152, 8-5-'1361121P, SR Towers, opp ;^{Milardevpally} PS,^DurgaNagar, Milardevpally, Ra.iendranagar, Rangareddy, Hyderabad. Rep. by^its owner, Shiak^Mohsin Ali, S/o. Shaik Shoukat Ali, Occ : Business, aged about 27^{yearc,R/o.H.No.4-16/A} Qayyum Nagar, M. M.Pahdi, Near l\ilasjid Abbas,^{Rajendernagar,RangaReddy,} Telangana, in serving of flavoured Hookahs without reference to^{rule, law} or^regulations as illegal, arbitrary, unconstitutiona I and contrary to the^provisions of^COTP Act^and consequently direct the Respondents to^permit the Petitioner lo continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or reslrictions, in the interest of iustice.

¶438

¶439

l.A.NO:.1 OF 2023

¶440

Petilion Under Scction 151 CPC praying that in the circumstances stated in the atfldavit filed in support oF the petition, the High Cou( may be pleased to direct the Respondents more^particularly the Respondent No. 3 and 4 herein not to inlerfere with the Coffee Shop Busrness of the Petitioner running under the name and slyle as "AYYAN COFFEE LOUNGE, Situated at Plot^'12, Sy.No.152, 8-5-136t'tZP, SR Towers, opp Milardevpally PS, DurgaNagar, Milardevpally, Riendranagar, Rangareddy, Hyderabad. Rep- by its owner, Shiak Mohsin Ali, S/o. Shaik Shoukat Ali, Occ Business, aged about 27Years, R/o.H.No.4-1614 Qayyum Nagar, M.M.Pandi, Near Masjid Abbas, Rajendernagar, Ranga Reddy, Telangana serving flavoured Hookahs to his customers, pending disposal of lhe main writ petition.

¶441

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶442

Counsel for the Respondents : GP FOR HOME

¶443

W.P.NO:7297 OF 20?3

¶444

Between:

¶445

IHE ROOF LOUNGE, Situated at 8-2-2931821U283- A, Road No.12, Banpra^Hills Circle 37, Circle- 37, Hyderabad. Rep. by its owner, Durga Lokesh, S/o.^{DurgaChalapathi Naidu, Occ} ,Business,^aged about^{29 years,Ryo. H.No.8-2-601lgl157, Gowti Shankar, Colony,Near} Saraswathi School, Road No^.l0 Baniara Hills, Hyderabad^23.

¶446

.....PETITIONER

¶447

AND

¶448

'1. The State o[ Telangana, Reptesented by its Principal Secretary Home Deparlment, Secretariat, Hyderabad.

¶449

The Commissioner of Police, Oflice^{at Baniarahills,Hyderabad.}

¶450

3- The Station House Officer, Banjara Hills,^{Police Station,Hyderabad-}

¶451

Assistant Commissioner of Police, Baniarahills,^Hyderabad.

¶452

.....RESPONDENTS

¶453

Petition Under Article 226 of the Constitution of^{lndia praying that in the} circumslances stated in the affidavit^{filed therewith,the HighCourt may be pleased to} issue a Writ, Order or Direction more^parlicularly one^{in the natureof "WRIT OF} MANDAMUS" by declaring the action of^{the Respondentsmoreparticularlythe} Respondent No.3 and 4, herein banning and^{interferingwith the said Business of the} Petitioner running under the name and style "THE ROOF^{LOUNGE,Situatedat 8-2-} 293,821L1283-A, Road No.'12, Banjara Hills Circle^{37, Circle- 37, Hyderabad.Rep. by its} owner, Durga Lokesh, S/o. Durga Chalapathi^{Naidu, Occ} ;^{Business,aged about} 29,Years. R/o.H.No.B-2-601/g/157, Gowri Shankar.^{Colony, Near SaraswathiSchool,}

¶454

?r,

¶455

Road No.'lO Banlara Hills, tlyderabad-23 Hyderabad-23 in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstilutiona I and contrary to lhe provisions of COTP Act and consequenlly direct the Respondents to permit the Petitioner to conlinue his business o[ serving flavoured Hookahs in his coffee shop without any trindrance or restrictions, in the interest of iustice|.A.NO:l OF 2023

¶456

Petition Under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petitron, the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the Coffee Shop Uusiness of the Petitioner runnrng under the name and slyle as THE ROOF LOUNGE. Situated at 8-2-2931821L1283- A, Road No12, Banjara Hi[s Circte 37, Circle- 37, Hyderabad. Rep. by its owner, Durga Lokesh, S/o. Durga Chalapathi Naidu, Occ;Business, aqed about 29, Years. Ryo. H. No.8-2-601/g/157, Gowri Shankar, Colony, Near Saraswathi School, Road No.10 Ban.jara Hills, Hyderabad-Z3 serving flavoured Hookahs to his customers. pending dtsposal of the main writ petition.

¶457

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHATTIED

¶458

Counsel for the Respondents : GP FOR HOME

¶459

.P.NO:7485 OF 2023

¶460

Belween:

¶461

MILIND JAISWAL, S/o. Late Ashok Jaiswat, Aged about 29 years, Occ ; Business, R/o.H.No.4-1-80/85. Troop Bazar, Hanuman Tekdi,Nampatly, Hydeiabad

¶462

.....PETITIONER

¶463

AND

¶464

'1. The State of Telangana, Rep by its Principal Secrelary, Home Department, Secretarial, Hyderabad.

¶465

The Commrssioner of Police, Banlara Hills, Road No,12, Hyderabad.

¶466

3- The Station House Offrcer, Narayanguda, Telangana.

¶467

.....RESPONDENTS

¶468

Pelition Under Arltcle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewrth, the High Court ntay be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Orders declaring the action of the Respondents more partrcularly the Respondent No.3 herein in banning and inlerfering wilh the Restaurant and Cafe Business of the^petitioner running under the name and style as HASHTAG CAFE LOUNGE in Mun cipal No.3-5-g7g, lndrani complex Narayanaguda, opp. Old MLA erls, Hyderabad, in serving of flavored

¶469

¶470

Hookahs withoul reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisrons of COTP Act and consequently direct lhe Respondents to permit the Petitioner to continue hrs business of serving flavored Hookahs in his Cafe without any hindrance or restrictions.

¶471

|.A.NO:1 OF 2023

¶472

Pelrtion Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of lhe petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 herein not to interfere with the Restaurant and Cafe Business of the Petitioner running under the name and style as HASHTAG CAFE LOUNGE in premises Municipal No.3-5-878, lndrani complex Narayanaguda, opp ; Old MLA Qrts, Hyderabad-50029, in serving flavored Hookahs to his customers.

¶473

Counsel for the Petilioner : SRI SUJITH JAISWAL

¶474

Counsel for the Respondents : GP FOR HOME

¶475

W.P.NO: 7501 OF 2023

¶476

Between

¶477

SHISHA HUB, Situated at, 1-1O013O1 125N26, Nallagundla, Tara Nagar, Serilingampally, Serilingampally, Ranga Reddy, Hyderabad. Rep.by its owner, Mohd Mohsin Khan, S/o, Wahab Khan Lhodi, Occ ; Eusiness, aged about. 27 yea$, R/o. H.No.18-1-5138/9/3, Naseeb Nagar Phool Bagh, Chandrangutta, Hyderabad.

¶478

.....PETITIONER

¶479

ANO

¶480

'1. The State ofTelangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad-

¶481

Cyberabad Commissionaire, Office at Gachibowli, Hyderabad.

¶482

The Station House Officer, Chandanagar, Police Station, Hyderabad.

¶483

Assistant Commissioner of Police, Miyapur, Cyberabad.

¶484

....RESPONDENTS

¶485

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue a Writ, Order or Direclion more particularly one in lhe nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfeling with the said Business of the Petilioner running under the name and style as "SHISHA HUB" Situated at, 1-1OO1301125N26, Nallagundla, faG Nagar, Serilingampally, Serilingampally, Rangareddy, and Hyderabad. Rep.by its owner, Mohd Mohsin Khan, S/o. Wahab Khan

¶486

¶487

Lhodi, Occ ; Busrness, aged about 2l years, Rio.H.No.18-'1-513i8/!y3, Naseeb Nagar Phool Bagh, Chandrangutta. in servrng of flavored Hookahs without reference to rule, law or regulations as rllegal. arbitrary. unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of servrng flavoured llookahs in his coffee shop without any hindrance or restrictions, in the inlerest of .iustice

¶488

I.A.NO:1 OF 2023

¶489

Petition Under Section 1 51 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the Hrgh Court may be pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the Coffee Shop Business of the Petitioner running under the name and style as "SHISHA HUB" Situated at 1- 1O0/301/25A,/26. Nallagundla, Tara Nagar, Serilingampally, Serilingampally, Rangareddy. and Hyderabad- Rep.by its owner, Mohd Mohsin Khan, S/o. Wahab Khan Lhodi, Occ . Business, aged about. 27, years, R/o.H.No.'18-1513/8/9/3, Naseeb Nagar Phool Bagh, Chandrangutta, Hyderabad-23- in serving flavoured Hookahs to his customers. pending disposal of the main writ petition.

¶490

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶491

Counsel for the Respondents : GP FOR HOME

¶492

W.P.NO:7949 OF 2023

¶493

Between:

¶494

SKY GARDEN SHEESHA CAFE, siluated at Plot 02 Sy,No.109, Subhan Coloney, Milardevpally,Ralendranagar, Rangareddy, Rep.by its owner, Salam Bin lslam, S/o.lslam Bin Salah, Occ ; Busrness, aged about. 41 Years. Ryo.H.No,18-'10-297, Chandrayangutta, Barkas, Hyderabad, Telangana.

¶495

.....PETITIONER

¶496

AND

¶497

1 The State of Telangana, Represented by its Principal Secretary Home Department, Secrelariat, Hyderabad.

¶498

2 Cyberabad Police Commissioner, office Old Mumbai. Hyw, Next to car.e Hospital 2- 48 Sri shyam Nagar, Telecom Nagar, Extension, Gachibowli , Hyderabad.

¶499

3 The Station House Officer, Mailardevpally, Police Station, Hyderabad.

¶500

4 Assistant Commissioner of Police, Kukatpally, Hyderabad.

¶501

.....RESPONDENTS

¶502

Petition Under Arlrcle 226 of the Constrtution of lndia praying that in the circumstances staled in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of "WRIT OF MANDAMUS" by declaring the aclion of the Respondenls more particularly the

¶503

¶504

Respondent No.3 and 4. herern banning and inter{ering with the said Business of the Petitioner runnrnq under the name and style "SKY GARDEN SHEESHA CAFE, Situated al Plot 02 Sy No.109. Subhan Colony. lv{ilardevpally, Rajendranagar, Rangareddy, Rep.by its owner, Salam Bin lslam, S/o, lslam Bin Salah. Occ, Business, aged about. 41 years, R/o.H No.18 10-297, Chndrayangutta, Barkas, Hyderabad, Telangana, in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, atbikary, unconstitulional and contrary lo lhe provisions of COTP Act and consequenfly direct the Respondents to permit the Petitioner to conlinue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest of^juslice.

¶505

I.ANO:1 OF 2023

¶506

Petition Under Section 15'l CPC praying that in the circumstances stated in the affidavit liled in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No-3 and 4 herein not to interfere with the Coffee Shop Business of the Petitioner running under the name and style as "Sl(Y GARDEN SHEESHA CAFE", Situated at Plot 02 Sy.No.109. Subhan Cotony. Milardevpally, Rajendranagar, Rangareddy, Rep.by its owner, Salam Bin lslam, S/o. lslam Bin Salah. Occ ; Business. aged about. 41 years, R/o.H.No.18-10-297, Chndrayangutta, Barkas, Hyderabad, Telangana, serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶507

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶508

Counsel for the Respondents : GP FOR HOME

¶509

W.P.NO: 7963 OF 2023

¶510

Between

¶511

M/s. Lavish Elysium Dine High, 8-2-686/K/1 and 8-2-686;/K/2, Road No.12, Banjara Hills, Circle 37, Hyderabad. Represented by its Proprietor, Shaik Mohammed Sahil, S/o. Shaik Murtuza, Age 21 years, Occ , Eusiness/Proprietor.

¶512

...PETITIONER

¶513

AND

¶514

1 The State of Telangana, Represented by its Principal Secretary, Home Deparlment, Secretanat, Hyderabad.

¶515

2 The Commissloner of Pohce, Hyderguda-Basheerbagh Road, Avanli Nagar, Basheer Bagh, Hyderabad, Telangana - 500029.

¶516

3 The Assrstant Commissioner of Police, Banjara Hills Division, Near Trendset Villas, Road No. 3, Banjarahills, Hyderabad- 500034.

¶517

4 The Station House Officer, Banjara Hills Police Station, Road No. 3, Green Mosque line, Banlara Hills, Hyderabad.

¶518

¶519

The Sub-lnspector of Police, Banjara Hills Police Station. Road No 3. Green Mosque line, Banjara Hills, Hyderabad.

¶520

..,.. RESPONDENTS

¶521

Petition Under Arlicle 226 oi the Constitution of lndia praying that in the circumstances stated in the aflrdavit tiled therewith, the High Court may be pleased to issue a Writ or Order or Direclion more particularly in lhe nature UJrit of Mandamus declaring the action of the Respondent No.4 and 5 bannrng and interfering with the Hookah Parlour and Cafe business of the Petitioner running under the name and style as "Lavrsh Elysium Dine High" in premises 8-2-686/K/1 and 8-2-686/K12, Road No.12, Banjara Hills, Circle 37, Hyderabad, in serving flavoured Hookah wrthout reference and examining the rule, law or legislation as illegal, aditrary and violative of principles of the natural iustice, unconstitutional and contrary to the provisions of Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act. 2003 and consequently direct the Respondents to permit the Petitioner to continue his business by serving flavoured hookahs in his shop without any interference or restrictions in any manner.

¶522

l.A.NO:l OF 2023

¶523

Petition Under Section^'151 CPC praying lhat in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.4 and 5 not to interfere in any manner with Hookah Parlour and Cafe business running under the name and style as'Lavish Elysium Dine High" in premises 8-2-686/K/1 and 8-2-6861K12, Road No. 12, Baiara Hills, Circle 37, Hyderabad, in serving flavoured Hookah to its customer, pending disposal of the main writ petition, in the interest of^justice.

¶524

Counsel for the Petitioner : SRI SURYA BALU MAHENDRA

¶525

Counsel for the Respondents : GP FOR HOME

¶526

W.P.NO: Af7 OF 2023

¶527

Between:

¶528

Cafe Blackyard, # 2-5-25K1716, Ground Floor, Upperpally, Raiendranagar, Ranga Reddy District, Telangana State, C/o Mohammed l,4anzil Mukram Pasha S/o Mohammed Mukram Pasha, Aged about 32 years, Occ Business, Hyderabad.

¶529

PETITIONER

¶530

AND

¶531

1 The State of Telangana, Represenled by its Principal Secretary Honle Depa(ment, Secretariat. Hyderabad.

¶532

¶533

The Commissioner of Pohce. Office al Banjara Hills, Hyderabad.

¶534

The Assistant Commissioner oI Policc. Rajendranagar Division, Ranga Reddy Dislrict.

¶535

The Station House Officer, Rajendranagar Police Station, Ranga Reddy District, Hyderabad.

¶536

The Station House Officer, Out- post, No. 9, Rajendranagar, Ranga Reddy District, Hyderabad.

¶537

.....RESPONDENTS

¶538

Petition Under Article 226 of thc Constitution of lndia praying that in the circumstances stated in the affrdavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of^.WRIT OF MANDAMUS" by declaring the aclion ot the Respondents more particularly the Respondent No-4 and 5 herein banning and interfering with the Restaurant and Coffee Shop Business of the Petitioner running under the name and style as "Cafe Blackyard", in premises bearing No 2-5-25K1716, Ground Floor, Upperpally, Rajendranagar, Ranga Reddy Diskict, Telangana State, in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondenls to permit the petitaoner to continue his business of serving flavoured Hookahs in his cafe wilhout any hindrance or restrlctions, rn the inlerest of JUstice.

¶539

I.ANO:1 OF 2023

¶540

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.4 and 5 herein not to interfere with the Restaurant and Cafe Business of the Petitioner running under the name and style as "Cafe Blackyard", in premises bearing No.2-5-25K1716, Grcund Floor, Upperpally, Rajendranagar, Ranga Reddy District, Telangana State, in serving flavoured Hookahs to his customers, pending drsposal of the main writ p€tition.

¶541

Counsel forthe Petitioner: SRI HABEEBABUBAKAR ALHAMEO

¶542

Counsel for the Respondents : GP FOR HOME

¶543

W.P.NO: 8226 OF 2023

¶544

Between:

¶545

OTTOMAN HUB RESTAURANT AND HUKKA PARLOUR, Situated at 6-3-850/2, H.No.3/4RT, Ameerpet Old, Panjagutta, Circle 20, Hyderabad. Represented by its Owner, Mohd. Saleem, S/o- Mohd. Pasha, Aged about 35 years, Occ ; Business, Fyo.8-4-544l66, Erragadda, B Shankarlal Nagar, WC. Hyderabad.

.,...PETITIONER

:16

AND

The State of Telangana, Rep. by its Principal Secretary. Home Department, Secretariat, Hyderabad.

¶550

The Commissioner of Police, Hyderabad City, Hyderabad

¶551

The Deputy Commlssioner of Police. West Zone, Hyderabad.

¶552

The Statron House Oflicer, Panjagutta Police Station. Hyderabad.

¶553

... -. RE SPONDENTS

¶554

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit liled therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the natltre of WRIT OF MANDAMUS by declaring the action of the Respondents in banning and interfering with the said Business of the Petitioner running under the name and style as 'OTTOMAN HUB RESTAURANT AND HUKKA PARLOUR. Situated at 6-3-850/2, H.No.3/4RT, Ameerpet Old, Panjagutta, Circle 20, Hyderabad in serving of flavored Hookahs wrthout reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his tlestaurant Hukka Parlour without any hindrance or restrictions, in the interest of lustice, l.A.NO:t OF 2023

¶555

Petition Under Section 151 CPC praying that in the circumstan,les stated in lhe affidavit filed in support of the petition, the High Court may be plea:ied to direct the Respondents not to interfere with the Business activities of the Petitioner running under the name and style aS^"OTTOMAN HUB RESTARENT AND HUKKA PAIILOUR, Situated at 6-3-850/2, H.No.3/4RT, Ameerpet Old, Panjagutta, Circle 2O, Hyderabad in serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶556

Counsel for the Pstitioner: SRI MOHAMMED HABEEBUDDIN

¶557

Counsel for the Respondents: GP FOR HOME

¶558

W.P.NO: 8246 OF 2023

¶559

Between:

¶560

THE NAHDI HOOKAH AND CAFE, Plot No 41, lsmail Nagar. Eandlaguda Beside Al Nandi Swimming Poll Circle 1, Circlet, Hyderabad-Ts Rep.by its owner, Khaja Fareed uddin, S/o. Khaja Riyazuddin, Occ; Business, aged about. 34Years, Fl/o.H.No-18-13-13211/1111,lsmall Nagar Bandlaguda Keshogiri, Hyderabad.

...PETITIONER

ANO

,| The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad.

¶565

¶566

Hyderabad Police Commissioner, Banjar Hills Hyderabad.

¶567

3 The Statron House Officer, Chandryangufta, Police Station, Hyderabad.

¶568

4 Assistant Commissioner of Police, Falaknuma, Hyderabad_

¶569

-....RESPONDENTS

¶570

Petition Under Article 226 of the Constitution of lndia praying that tn the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Directron more particularly one in the nature of -WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style as "THE NAHOT HOOKAH AND CAFE,, Plot No 41, lsmail Nagar, Bandlaguda Beside Al Nandi Swimming poll Circle 1, Circlel, Hyderabad-TS. Rep.by its owner, Khaja Fareed Uddrn, S/o. Kha.ia Riyazuddin, Occ; Business, aged about. 34 Years, R/o.H.No..18-13-1321'tl11l1, tsmait Nagar Bandlaguda Keshogiri, Hyderabad to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to lhe provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his busrness of serving flavoured Hookahs in his coffee shop withoul any hindrance or restrictions, in the interest of justice. t.A :1 0F 2023

¶571

Petition Under Section^'151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the Coffee Shop Business of the Petilioner running under the name and style as'THE NAHDI HOOKAH AND CAFE'Plot No 4'1, lsmail Nagar. Bandlaguda Beside Al Nandi Swimming Poll Circle 1, Circlet, Hyderabad-TS Rep.by its owner, Khaja Fareed Uddin S/o.Khaja Riyazuddin Occ. Busrness, aged about. 34 Years, Ryo.H.No.18-13-132111'1111, lsmail Nagar Bandlaguda Keshogiri. Hyderabad serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶572

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶573

Counsel for the Respondents : GP FOR HOME

W.P.NO: 8268 OF 2023

Between:

THE DARK O CAFE, Situated at 5-9-62y109, Office No.9, Firsl Floor. Khan Lateef Khan Estate Fateh Maidan Road Nampally, Circle 12, Ckclel?, Hyderabad TS Rep.by its owner, Mohammad Salman, S/o. Mohammad Faiyaz Occ. Eusiness, aged abcut 31 Years. R:/o. H.No. 2-8-87, Near Anwar Kirana Shop, Bharath Nagar Uppal, Rangarereddy District

¶578

.....PETITIONER

¶579

AND

¶580

The State of Telangana, Represented by its Principal Secrelary Home Deparlment, Secretariat, Hyderabad.

¶581

Hyderabad Police Commissioner, Banjara Hills Hyderabad.

¶582

The Station House Offrcer, Abids,Police Station, Hyderabad.

¶583

Assistant Commissioner of Police, AbUs Hyderabad.

¶584

...,.RE SPONDENTS

¶585

Petition Under Ariicle 226 of lhe Constitution of lndia praying that in the circumslances stated in the aflidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the natu.e of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfering wilh the sard Business of the Petitioner running under the name and style "THE DARK O CAFE Situated at 5-9621109. Office No.g, First Floor, Khan Lateef Khan Estate Fateh Maidan Road Nampally, Circle 12, Circle12, Rep.by its owner, Mohammad Salmon S/o. Mohammacl Faryaz Occ. Business, aged about. 31 Years, R/o. H.No. 2-8-87, Near Anwar Kirana Shop. Bharath Nagar Uppal, Rangarereddy Oistrict in serving of flavored Hookahs witnout reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary lo the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavored Hookahs in his cotfee shop without any hindrance or restrictions, in the interest ofjustice.

¶586

I.A.NO:l OF 2023

¶587

Petition Under Section 151 CPC praying that in the circumstanoes stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more partrcularly the Respondent No.3 and 4 herein not to interfere with the THE DARK O CAFE Situated at 5-9-62/109, Office No.9, First Floor, Khan Lateef Khan Estale Fateh [,4aidan Road Nampally, Circle 12, Circlel2, Hyderabad-TS. Rep.by its owner, lvlohammad Salman S/o. Mohammad F aiyaz Occ. Business. aged about 31 Years, R/o. H.No. 2-8-87, Near Anwar Kirana Shop, Bharath Nagar Uppal. Rangarereddy

¶588

¶589

District of lhe Petrtroner running under the name and style as in serving flavo{ed Hookahs to his customers,^pending disposal of the main writ^pelition.

¶590

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶591

Counsel for the Respondents : GP FOR HOME

¶592

W.P.NO: 8498 OF 2023

¶593

Between:

¶594

CHILL ON, Situated at Door No.18-1'l-27 Barkas Saa a Circlel, Circle^'1, Hyderabad - TS Rep.by its owner, Mohammed Azher, S/o. Mohammed Ghouse, Aged about 30 years, Occ ;^{Business,Rl/o. 1 8- 1 -51/'l 0/A, Phool Bagh,Chandrayangutta,Hyderabad.}

¶595

.....PETITIONER

¶596

AND

¶597

'1. The State of Telangana, Rep. by its Principal Secretary. Home Department, Secretariat Buildings at Hyderabad.

¶598

The Commissioner of Police, Banjara hills Hyderabad.

¶599

The Deputy Commissioner of Psalm, Puranai Hawaii Hyderabad-Ts,

¶600

The Assistant Commissioner, Falaknuma Hyderabad-TS

¶601

The Stalion House Officer., Chandrayangutta Police Statax. Hyderabad-Ts

¶602

.....RESPONDENTS

¶603

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Wril, Order or Direction more particularly one in the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfering with the said Busrness of the Pelitioner running under the name and style "CHlLL ON Situated at Door No. 1B-11-27 Barkas, Salala, Circlet, Circle 1, Hyderabad-TS Rep.by its owner, Mohammed Azher S/o. Mhammed Ghouse Aged about 30^years, Occ. Business RVo. 18-1-51/10/A, Phool Bagh, Chandraya ngutta, Hyderabad in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary lo lhe provisions of COTP Act and consequently direct the Respondents lo permf the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest of^justice.

¶604

I-ANO:1 OF 2023

¶605

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in supporl of the petition, the High Court may be pleased lo direct the Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the "CHILL ON Situated at Door No.5-23l1, Errakunta, RGI Airport Road- Circle 1,

¶606

¶607

Circle-1, Hyderabad Rep.by its owner, Syed Farhan Ahmed Silo Syed Shakeel Aged about 27 years. Occ. Business Rlo.4-1-11311'l , King Koti Boggul Kunta. Hyderabad-Ts of the Petilioner running under the name and style as in serviag flavoured Hookahs lo his customers. pending disposal of the main writ petition,

¶608

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶609

Counsel for the Respondents : GP FOR HOME

¶610

W.P.NO:8509 OF 2023

¶611

Between:

¶612

CHILL ON, Situated at Door No. 5-2311, Errakunta, RGI Airport Road- Circie 1. Circle-l, Hyderabad Rep.by its owner, Syed Farhan Ahmed S/o. Syed Shaker:l Aged aboul 27 years, Occ. Business, No.4-1-113111, King Koti Boggul Kunta, Hyderabad-TS.

¶613

PETITIONER

¶614

AND

¶615

1 The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat Buildings- at Hyderabad.

¶616

2 The Commissioner of Polic€, Rachakonda Haytangar Abdulapurmet Padhadi Shareef, Hyderabad.

¶617

3 The Deputy Commissioner of Police, L.B. Nagar, Hyderabad-TS

¶618

4 The Assistanl Commissioner of Police, Vasathalpuram, Hyderabad'TS

¶619

5 The Station House Offrcer, Balapur Police Station, Hyderabad-TS

¶620

.,..-RE SPONDENTS

¶621

Petilion Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the aflidavit liled therewith, the High Court m;ry be pleased to issue a Writ, Order or Direction more particularly one in lhe nature of "WRIT OF MANDAMUS" by declaring the aclion of lhe Respondents more particularly the Respondenl No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style as "CHILL ON" Situated al Door No.5-23l1, Errak.unta, RGI Airport Road- Circle 1. Circle-l, Hyderabad Rep.by its owner, Syed Farhan Ahmed S/o. Syed Shakeel Aged abol]t 27 years, Occ ; Business, Rlo.4-1-113111, King Koti Boggul Kunta, Hyderabad-Ts to rule, law or regulations as rllegal. arbitrary, unconstitutional and contrary to the provisions of COTP Act and conserluently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the rnterest of .juslice.

¶622

L,tl

¶623

l.A.NO:1 OF 2023

¶624

Petition Under Section 151 CPC praying that rn the circumstances stated in thc affrdavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the "CHILL ON" Situated at Door No.5-23l1, Errakunta, RGt Airport Road- Circle t, Circle-1, Hyderabad Rep.by its owner, Syed Farhan Ahmed, S/o. Syed Shakeel, Aged aboul ?7 years, Occ ; Business, Rlo.4-1-113'111, King Kott Boggul Kunta, Hyderabad-TS of the Petitioner running under the name and style as tn serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶625

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶626

Counsel for the Respondents : GP FOR HOME

¶627

lfl.P.NO: 8564 OF 2023

¶628

Between:

¶629

MOON WOK LO-UNGE, Situated at Flat No.16-.1.1-5.1'l/D/15 Road-g, Shatrvahana Nagar Moo_sarambagJl, Circle 5, Circle-s, Hyderabad. Rep.by its owner, Siruaumalla Vidyasagar, S/o.Sirugumalla Raju Munnaswamy, Occ. Business, aged about. 32 years, R/o.H.N6, t6-11152, f.iloosaram Bagh, Malakpet, Amberpet, Hyderabad.

¶630

.....PETITIONER

¶631

AND

¶632

The State of Telangana, Represented by its Principal Secretary Home Department, Secretarial. Hyderabad.

¶633

The Commissioner of Police, Office at Banjarahills, Hyderabad

¶634

The Station House Officer, Malakpet, Police Station, Hyderabad.

¶635

Assistant Commissioner of Police, Saidabad, Hyderabad.

¶636

.....RESPONOENTS

¶637

Petitaon Under Article 226 of the Constitutaon of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in lhe nalure of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style "MOON WOK LOUNGE, Situated at Flat No..l6-11-511/D/15 Road-9, Shalivahana Nagar, Moosarambagh, Circle 5, Hyderabad. Rep.by its owner, Siruaumalla Vidyasagar, S/o.Sirugumala Raju, Munnaswamy, Occ; Business, aged about 32 years, Wo.H.No.16-'1 1-152, Moosaram Bagh, Malakpet, Amberpet, Hyderabad- in serving of flavoured Hookahs without i-eference to rule, law or regulations as illegal, arbitrary, unconstitulional and contrary to the provisions of COTP

¶638

¶639

Act and consequently direct the Respondents to permil the Petitioner lo conlinue his business of serving flavoured Hookahs in hrs coffee shop without any hindrance or restrictions, in the ioterest of justice.

¶640

LA.NO:1 OF 2023

¶641

Petition Under Section^'151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No,3 and 4 hercin not to rnlerfere with the Coffee Shop Business of the Petitioner running under the name and style as "MOON WOK LOUNGE, Situated at Flat No..l6- 1 1-51 1/D/1SRoad-g, Shalivahana Nagar, Moosarambagh, 612 1-1-44, Circle-s.Hyderbad. Rep.by its owner, Srruaumalla Vidyasagar, S/o.Sirugumala Raju,Munnaswamy, Occ. Business, aged about. 32years, R/o.H.No.16-11-152. Moosaram Bagh, Malakpet, Amberpet. Hyderabad serving flavoured Hookahs to his customers, pending disposal of the main vwit petition.

¶642

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶643

Counsel fo. the Respondents : GP FOR HOME

¶644

W O: 9558 OF 2023

¶645

Between:

¶646

PRINCE SHISHA LOUNGE, Situated at Flat No.18-13-6/80/.1/4 Hashamabad, Circle 1, Circle-l, Hyderabad. Rep.by its owner, Syed lbrahim Shah, S/o. Syed Ali Mohd Shah aged 26 yearc, Orc ; Business, aged about- 26 Years, R/o.H.N0.18-13-6187l2lDl7, Chandryangutta, Keshogiri, Hyderabad.

¶647

.....PETITIONER

¶648

ANO

¶649

The State ofTelangana, Represented by its Principal Secretary Home Department, S€cretariat, Hyderabad.

¶650

The Commissioner of Pohce, Office at Banjarahills, Hyderabad.

¶651

The Station House Ofricer, Chandryangutta, Police Station, Hyderabad.

¶652

Assistant Commissioner of Police, Falaknuma, Hyderabad.

¶653

.....RESPONDENTS

¶654

Petition Under Artjcle 226 of the Constitution of lndia praying that in the circumstances stated in lhe affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direclion-more particularly one in the nature of "WRIT OF MANDAMUS" by declaring lhe action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style "PRINCE SHISHA LOUNGE, Situated at Flat No.18-13-6/80/ 1/A, Hashamabad, Circle 1 , Circle-1 ,Hyderbad. Rep.by its owner,

¶655

¶656

Syed lbrahim Shah, S/o. Syed Ali Mohd Shah, Occ; Business, aged about- 26 years, R/o.H.No-18-13 6lA7l2lol2, Chandrya ngutta,Keshogir Hyderabad rn - rn serving o[ flavoured Hookahs without reference to rule, law or regulations as illegal, arbilrary, unconstitutional and contrary to the provisions of COTP Act and consequenlly direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs rn his coffee shop without any hindrance or reslrictions, in the interest o{ justice.

¶657

|.A.NO:1 OF 2023

¶658

Petition Under Section 151 CPC praying that in the circumstances stated in the at idavit filed an support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the Coffee Shop Business of lhe Petitioner running under the name and style as "PRINCE SHISHA LOUNGE, Situaled at Ftat No.18-13-6lBOt1lA, Hashamabad, Circte 1, Circle-1, Hyderabad. Rep.by its owner, Syed lbrahim Shah, S/o. Syed AI Mohd Shah, Occ , Business, aged about: 26 years, R/o.H.No.18.13-6 t87lzlDl2, Chandryangutta, Keshoglr Hyderabad serving flavoured Hookahs to his customers. pending disposal of lhe main writ petition.

¶659

Counsel for the Petitioner: SRI HABEEB ABUBAKAR ALHAMED

¶660

Counsel for the Respondents : GP FOR HOME

¶661

W.P.NO: 10122 OF 2023

¶662

Between:

¶663

M/s. Life of Coffee, H.No.3-12-681.1/4, Plot No.40, SBI Racpc Building. Mansoorabad, Medchal-Malkaigiri, Hyderabad- Rep by it proprietor Kota Sandeep Reddy, aged about 29 years.

¶664

PETITIONER

¶665

ANO

¶666

1 The State of Telangana, Rep. by its Principal Secretary Home Department, Secretariat Building, BRVK Bhavan, Tank Band, Hyderabad. Telangana State.

¶667

) The Commissioner of Police, Commissionerate, Rachakonda. Police, Vayupuri, Neredmet, X roads Malkajgiri, Telangana State,

¶668

3 The Station House Officer, L.B. Nagar Police Station, L.B. Nagar, Hyderabad-

¶669

.....RESPONDENTS

¶670

Petition Under Article 226 of the Constitution of lndra praying that in the circumstances stated in the affidavit filed therewith,,the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of^"Writ of Mandamus" by declaring the action of the Respondents more particularly Respondent No-3 herein

¶671

Lr t-

¶672

banning and interfering with the Restaurant and Coffee Shop Busrness o[ the Petitioner running under the name and style as^'Life Of Coffee" in premises bearing Municipal No.3-23-68/1/4, SBI RACPC building. Rock Town. Mansoorabad, Saroornagar Mandal, Ranga Reddy District, in serving of flavoured Hookahs without relerence to rule, Iaw or regulations as illegal. arbitrary. unconstitutional and contrary [o lhe provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavored Hookahs in his coltee shop without any hindrance or restrictions, in the interest of iustice.

¶673

|.A.NO:1 OF 2023

¶674

Petition Under Seclion 151 CPC praying that in the circumstances stated in the affidavit filed in support of lhe petition. the High Court may be pleased to permit the Petitioner to run business under the name and style "Life Of Coffee' in premises bearing Municipal No.3-23-68/1/4, SBI RACPC building, Rock Town, Mansoorabad, Saroornagar Mandal, Ranga Reddy District. in serving flavored Hookahs to his customers.

¶675

Counsel for the Petitioner ; SRI RAJESH MADDY

¶676

Counsel for the Respondents : GP FOR HOME

¶677

W.P Oi10241 OF 2023

¶678

Between:

¶679

"Koyla Sheesha Loungh Hookah Parlour'' Siluated at 18-4-1l.10, Gandhi Nagar, Falaknuma-Charminar, Hyderabad Rep.by its owner, Syed Mannan Ullah, S/o. Syed Manzoor, Occ ; Business, aged about- 30 years, Ryo.H. No.20-7-261. Falhe Darwaza, Sha All Banda, Hyderabad-Telangana.

¶680

.....PETITIONER

¶681

AND

¶682

The State of Telangana, Represented by its Princrpal Secretary Home Depa(ment, Secretariat, Hyderabad.

¶683

The Commissioner of Police, Office at Banjarahills, Hyderabad.

¶684

The Station House Officer, Falaknuma, Police Station, Hyderabad.

¶685

The Assistant Commissioner of Police, Falaknuma Hyderabad.

¶686

...,.RESPONDENTS

¶687

Petition Under Artrcle 226 of the Constitution of lndia praying that in the circumstances stated in the aflidavit filed therewith, the High Court may be pleased to issue a Writ. Order or Directron more particularly one in the nature of 'WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style "Koyla Sheesha Loungh, Running

¶688

¶689

Hookah Parlour Situated at 18-4-1/'10, Gandhi Nagar, Falaknuma, Charminar, Hyderabad, Rep.by its owner, Syed Mannar Ultah, S/o. Syed Manzoor Ullah, Occ; Business, aged about 30 years, R/o.H, No.20-7-261, Fathe Danrvaza, Sha All Banda. Hyderabad-Telangana in serving ol flavoured Hookahs without reference to rule. law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of COTp Act and consequently drrect the Respondents to permit the petitioner to continue his business of serving flavoured Hookahs in his Hookah Parlour shop without any hindrance or restrictions, in the interest of rustice.

¶690

|.A.NO:1 OF 2023

¶691

Petation Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in supporl of the petition, the High Court may be pleased to direct the respondents more parlicularly the Respondent- No.3 and 4 herein no interfere with the Hookah Parlour Shop Business of lhe Petitioner running under the name and style as "Koyla Sheesha Loungh, Hookah Parlour" Situated at 18-4-1110, Gandhi Nagar Falaknuma, Charminar, Hyderabad, Rep.by ils owner, Syed Man/lan Ullah, S/o. Syed Manzoor Ullah, Occ ; Business, aged about 30 years, R/o.H. No.20-7-261 , Fathe Darwaza, Sha AI Banda, Hyderabad Telangana, in serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶692

Counsel for the Petitioner: SRI MEESALA VINOD KUMAR

¶693

Counsel for the Respondents : GP FOR HOME

¶694

W.P.NO: 10425 OF 2023

¶695

Between:

¶696

Mr. Mirza lmtiaz Baig, S/o Mirza Raheem Baig, Aged about 53 years, Occ; Business, Ryo H-No.11-1-'167, Zakir Hussain community Hall road, Aghapura, Nampally, Hyderabad.

¶697

.....PETITIONER

¶698

AND

¶699

1 The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad-

¶700

2 The Commissioner of Police, Hyderabad. T.S. The Station House Officer, P,S Hussaini alam, Hyderabad.

¶701

...RESPONDENTS

¶702

Petition Under Anicle 226 of the Constitution of lndia praying lhat in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature o[ WRIT OF MANDAMUS, declaring the action of the Respondent No.3 in causing interference with

¶703

¶704

the Petitioners peaceful Petitioners peaceful bustness Coffee shofJ business of^the Petitioner runnrng under lhe name and style of Larla Lounge in^premises No.20-4'22612, Moti Galli, Hussaini alam, Circle 1, Hyderabad is highly arbitrary, illegal,ⁱⁿ violation of the Art. 14. 21 and 300-4 of the constitution of lndia and also contrary to the^pflnciples o{ natural^juslice in the interest oF^justrce

¶705

|.A.NO:1 OF 2023

¶706

Petition Under Section^.151 CPC^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to direct the Respondent No.3 not to interfere with the coffee shop busaness (cafe ad shisha) of the Petitioner running under the name and style of Premises No 20-422612, Moti Galli, Hussaini alam pending disposal o[ the wflt petition in the interesl of lustice.

¶707

Counsel for the Petitioner : SRI MOHAMMED ABOUL QUADEER

¶708

Counsel for the Respondents : GP FOR HOME

¶709

W.P.NO:10775 OF 2023

¶710

Betwoen:

¶711

Mr. Mohammed Saif, S/o Mohammed Sadiq, Age 23 years, Occ:Eusiness, R7o.H.No.18-& 2441N421, Fatheshsh Nagar, Edi Bazar, Charminar, Hyderabad, Telangana Stale - 500023.

¶712

.....PETITIONER

¶713

AND

¶714

1 The State of Telangana, Home Department, Rep by the Princrpal Secretary, Secretariat Euildings, Hyderabad. Telangana State.

¶715

2 The Commissioner of Police Hyderabad, Command Control Centre, Road No. 12, Bhavani Nagar, Baniara Hills, Hyderabad, Telangana State^- 500029.

¶716

3 The Deputy Commissioner of Police East Zone, D. No. 2131672, DCP Office, Police Colony 2/18, l\4oosarambagh Road, Amberpel, Hyderabad, Telangana State - 500 013.

¶717

4 The Assistant Commissioner of Police, Malakpet^police Station, Saidabad X roads, Hyderabad - 500059-

¶718

The State House Officer, Chadarghat Poiice Station, Chadarghat X Roads, Hyderabad - 500059.

¶719

.....RESPONDENTS

¶720

Petilion Under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased lo pass an order. direction or a writ particularly in the nature of writ of mandamus declaring the inaction of the respondents herein in not considering the represenlation made by the petitioner daled 22-04-202.1 illegal, and consequenlly direct the respondenls herein to examine the legislatron and its non-application to tobacco^{free products} and^issue

¶721

(J+

¶722

necessary direction to the effecl that no coercive action of any nalure ought to be iniliated against the petitioner or his establishments namely establishments 'Hyderabad Times Cafe,"^'Park View Cafe," lndique Restaurant, Saancha and Company, "Carbo Cole and Company", lf a hookah is served without tobacco.

¶723

|.A.NO:1 OF 2023

¶724

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to dlrect the respondents lo nol take any coercive steps against the petitioner .for serving herbal tobacco, nicotine and tar free hookah in his establishment Hyderabad Times Cafe.-Park View Cafe. lndique Restaurant, Saancha and Company, Carbo Cole and Company.Unless there are conclusive scientific findings that tobacco is present in the hookah served by the petilioners pending disposal of the writ petition.

¶725

Counsel for the Petitioner : SRI K.MURALIDHAR

¶726

Counsel for the Respondents : GP FOR HOME

¶727

W.P.NO:10814 OF 2023

¶728

Between:

¶729

URBAN SHISHA LOUNGE AND CAFETERIA, Situated at Flat No19-3-107/1. Shamsheerguni Falaknuma, Opp Nabeel Function Hall Circle 1, Circle-1, Hyderabad. Rep.by its owner, Abdul Lateef Ahmed, S/o- Late Ahmed Bin Abdul Khadr Hadrami Occ. Business, aged about. 36 Years, Ryo. H.No. 18-2-431N41, Gazi Millat Colony, Keshogiri, Bandlaguda Hyderabad.

¶730

.....PETITIONER

¶731

AND

¶732

The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad.

¶733

The Commissioner of Police, Otfice at Banjarahills, Hyderabad.

¶734

The Station House Officer, Falaknuma,Police Station, Hyderabad.

¶735

Assistanl Commissioner of Police, Falaknuma, Hyderabad.

¶736

.....RESPONDENTS

¶737

Petition under Nlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ, Order or Direction more particularly one in the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style "URBAN SHISHA LOUNGE AND CAFETERIA, Situated at Flat Nol9- 3-107/ l.Shamsheergu njFalaknuma, Opp Nabeel Function Hall Circle .1 , Circle-1, Hyderabad. Rep.by its owner, Abdul Lateef Ahmed, S/o.

¶738

LrB

¶739

Lale Ahmed Bin Abdul Khadr Hadrami Occ Business. aged about 36Years. R/o.H.No. 18-2- 43lN 41 , Gazi L4illat Colony. Keshogirr, Bandlaguda Hyderabad in - in serving of llavoured Hookahs withoul reference to rule, law or regulations as illeqal, arbitary, unconstitutional and contrary to the provrsions of COTP Act and consequently direcl the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hrndrance or restflclions, in the interest of justice.

¶740

I-A.NO:1 OF 2023

¶741

Petition Under Section 15'l CPC praying that in the circumstances slated in the affidavit filed in support of the petition, the High Court may be pleased lo direct the Respondenls more particularly the Respondent No.3 and 4 herein not to interfere wilh lhe Coffee Shop Business of the Petitioner running under the name and style as "URBAN SHISHA LOUNGE AND CAFETERIA, Srtuated at Flal No.19-3-10711. Shamsheergunj Falaknuma, Opp Nabeel Function Hall Circte 1 , Circle-1 . Hyderabad. Rep.by its owner Abdul Lateef Ahmed, S/o Late Ahmed Bin Abdul Khadr Hadrami, Occ ; Business, aged about. 36 years, R/o.H. No.18-2-431N4'l,Gazi Millal Colony, Keshogiri, Bandlaguda, Hyderabad- serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶742

Counsel for the Petitioner : SRI HABEEB AEUBAKAR ALHAMED

¶743

Counsel for the Respondents : cP FOR HOME

¶744

W.P.NO:11008 OF 2023

¶745

Betw6en:

¶746

ARABIAN SHISHAL LOUNGE, Situated al Door No.18-11-26/9, Misaram Barkas Chndrayangutta, Hyderabad Rep.by its owner, Ahmed Abdul Razzak S/o. Ahmed Abdul Rasheed Aged about 22 years, Occ ; Business, Rlo.18-1-33718172/1, Sat Eaba Nagar, Uppuguda Bandlaguda, Hyderabad-TS

¶747

.....PETITIONER

¶748

AND

¶749

The State of Ielangana, Rep. by its Principal Secretary. Home Dep.rrtment, Secretariat Euildings at Hyderabad.

¶750

The Commissioner of Police, Banjara hills. Hyderabad.

¶751

The Station House Offlcer. Chandrayangutla Police Station, Hyderal)ad-T.S

¶752

The Assistant Commissioner of Police, Falaknuma. Hyderabad-T.S.

¶753

,.. RESPONDENTS

¶754

Petition Under Arlicle 226 of the Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, lhe High Courl may be pleased to issue a Wril, Order or Direction more parlicularly one in the natur{) ot "WRIT OF

¶755

¶756

MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4. herein banning and interfeflng with the satd Business of the Petitioner running under the name and styte ARABIAN SHISHAL LOUNGE Situated at Door No.18-11-26/9, lVlisaram Barkas Chndrayangu a. Hyderabid Rep.by its owner, Ahmed Abdul Razzak, S/o. Ahmed Abdul Rasheed, Aged about 22 years, Occ, Business, R/o.18-1-3371817211, Sai Baba Nagar, Uppuguda Bandtaguda, Hyderabad_ TS in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstilutiona I and contrary to the provislons of COTP Act and consequently direct the Respondents to permit the Petitioner to conlinue his business ot serving flavoured Hookahs rn his coffee shop without any hindrance or reslrictions, in the interest of justice.

¶757

NO:1 OF 2023

¶758

Petition Under Section 1 51 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, fhe High Courl may be pleased to direct the Respondents more particularly the Respondent tlo.i and 4 herean not to interfere with the ARABIAN SHISHAL LOUNGE Situated at Door No.18-1 1-2619, Misaram Barkas Chndrayangutla, Hyderabad Rep.by rts owner, Ahmed Abdul Razzak S/o. Ahmed Abdul Rasheed Aged about 22yearc, Occ: Business R/o. 18-1-3371817211, Sai Baba NagarUppuguda Bandlaguda, Hyderabad-TS of the Petitioner running under the name and style as in serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶759

Counsel for the PetiTioner : SRI HABEEB ABUBAK,h. ALHAMED

¶760

Counsel for the Respondents : GP FOR HOME

¶761

W.P.NO.11213 0F 2023

¶762

Between:

¶763

CHECK MATE CAFE AND LOUNGE, Situaled at Flatr{o.4-l-327 TO 3387 335/1&2 Sagar Plaza- troop Bazar, Abids Circle 1, Circle--l, Hyderabad. Rep.by its owner, Charurvedi Gowtham Kumar, S/o,Chaturedi Shashi Kanth, Occ;Qusiness, aged about, 31 Years, Ryo. H.No.16-9-907, flat No 503, DNK residency, Dhobigblli, Old Malakpet Colony Amberpet Hyderabad.

¶764

...PETITIONER

¶765

AND

¶766

The State of Telangana, Represented by its Priricipal Secretary Home Department, Secretariat, Hyderabad.

¶767

The Commissaoner of Police, Office at Baniarahills, Hyderabad.

¶768

The Station House Otficer, Abids, Police Station, Hyderabad.

¶769

Assistant Commissioner of Police, Abids, Hyderabad.

¶770

¶771

....RESPONDENTS

¶772

Petition Under Artrcle 226 of the Constilution of lndia praylng that in the circumstances stated in the aflidavit filed lherewith, the High Court may be^pleased to issue a Writ, Order or Direction more particularly one^jn the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfeflng with the sarcl Business o{ lhe Petitioner runnrng under the name and style'CHECK MATE CAFE AND LOUNGE Situated at Flat No-4-1-327 TO 3387 335i1&2 Sagar Plaza- troop Baz:rr, Abids Circle 1, Crrcle-1, Hyderabad. Rep.by its owner, Charurvedi Gowlham Kumar. S/o.Chaturedi Shashi Kanth, Occ ;Business, aged about 31, Years, R/o.H.No.16-9-907. flat No 503, DNK residency, Dhobigalli Old Malakpet colony Amberpet Hyderaba(l in - in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbilraty, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondenls to permit the Petilioner to continue his business oI serving flavoured Hookahs in his coffee shop without any hindrance or reslrictions. in the interest of justrce.

¶773

I.ANO:1 OF 2023

¶774

Petition Under Section 15'l CPC praying that in the circumstances slated in the affidavit filed rn support of the^petition, the High Court may be^pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to rnterfere with the Coffee Shop Business of the Petitioner running under lhe narne and style as 'CHECK MATE CAFE AND LOUNGE Situated at Flat No.4-1-327 IO 3387 335t1&2 Sagar Plaza{roop Bazar, Abids Circle 1, Circle-1, Hyderabad Rop by its owner, Charurvedi Gowtham Kumar, S/ o.Chaturedi Shashi Kanth, Occ. Business, aged about. 31, Years, R/o.H. No.16-9-907, flat No 503,DNK residency, Dhobigalli OId Malakpet colony AmberpetHyderabad Coffee serving tlavored Hookahs to his cuslomers,^pending disposal of the main wnt^petition.

¶775

Counsel for the Petitioner: SRI HABEEB ABUBAKAR ALHAMED

¶776

Counsel for the Respondents: GP FOR HOME

¶777

W.P.NO: 11463 OF 2023

¶778

Between:

¶779

M/s. Elite Cafe and Bistro, H.No.H.No.E-81, Gokul Nagar Road, Lakshmipuram Colony, Sainikpuri, Medchal-trrlalkajgiri District, Telangana.^Rep. by its^{ManagingPartnerMarrr} Naveen Kumar Reddy.

PETITIONER

AND

The State of Telangana, Rep. by rts Principal Secretary Home Department. Secretariat Buildings, Hyderabad. Telangana.

¶784

The Director General of Police (HOPF), Lakdikapool. Hyderabad. Telangana.

¶785

3, The Commissioner of Police, RachakondaCommissionerate, Vayupuri, Neredmet X roads Medchal-Malkajgiri District, Telangana.

¶786

4, The Deputy Commissioner of Police, Malkajgiri Zone, Behind RachakondaCommissionerate, Medchal-Malkajgiri Dislrict, Telangana.

¶787

The Deputy Commissioner of Pohce, Special Operations Team-Malkaigiri Zone, Beside Jawaharnagar police slation, Medchal-Malkajgiri District. Telangana.

¶788

The Assistant Commissioner of Police, KushaigudaDivision, Malkajgiri Zone. Rachakonda Commissionerate, Medchal-Malkajgiri District, Telangana.

¶789

The Station House Officer, P.S Kushaiguda, Kushaiguda Division, Malkajgiri Zone, Rachakondacommissionerate, Medchal-Malkajgiri District, Telangana.

¶790

.....RESPONDENTS

¶791

Petition Under Article 226 of the Constrtution of lndia praying that in the circumslances stated in lhe affidavit filed therewith, the High Court may be pleased lo issue a Writ, Order or Direction more particularly one in the nature of "Writ of Mandamus' by declaring the action of the Respondents more particularly Respondent Nos.5 to 7 herein in banning and interfering with the Restaurant and Coffee Shop Business of the Petitioner firm running under the name and style of^"Elile Cafe and Bistro" in premises bearing H.No-E-81, Gokul Nagar Road, Lakshmipuram Colony, Sainikpuri, MedchalMalkajgiri District, Telangana, in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary and violative of Articles 1a, 19(1)(g) and 300-A of the Constilution of lndia and also contrary to the provisions of COTP Act,2003 and consequently direct the Respondents to permit the Petitioner f irm to continue with the business of serving flavoured Hookahs in its business premises without any hindrance or restrictions whatsoever, in lhe interests of .iustice.

¶792

l.A.NO:1 OF 2023

¶793

Petition Under Section 151 CPC praying that in the circumstances slated in the affidavit filed in support of the petition, the High Courl may be^pleased to permit the Petitioner firm to run business under the name and style of Elite Cafe and Bistro in business premises bearing H.No.E-81, GokulNagar Road, Lakshmipuram Colony, Sainikpuri, Medchal-Malkajgiri District, Telangana, in serving flavoured Hookahs to its customers.

¶794

Counsel for the Petition€r : SRI PUPPALA MAHEEDHAR

¶795

Counsel for the Respondents : GP FOR HOME

WP.NO:12360 OF 2023

Between

Brewseum Private Lrmrted, represented by Sri Mahamkali Surya Sai Abhilash, S/o Krishna Kishore, aged 25 years, Occ ; Managing Director of OG Cafe situated at^prenrises No.5-161, M,,thrinagar, lradinaguda, Serilingampally, Ranga Reddy District.

¶800

....PETITIONER

¶801

ANO

¶802

The State of Telangana, rep. by its Principal Secretary, Home Department, Telangana Secretariat, Saidabad, Hyderabad.

¶803

The Asst. Commissioner of Police, Miyapur. Ranga Reddy District

¶804

The Circle lnspector of Polace, Special Operation Team, Narsingi P()licc Station, Ranga Reddy District.

¶805

The Station House Ofhcer, Police Station, Miyapur, Ranga Reddy Dislricl.

¶806

.... -RESPONOENTS

¶807

Petition Under Article 226 of the Constitution of lndia prirving that in the circumstances slated in the affidavit filed therewith, lhe High Courl nray be pleased to declare the action of the respondents 2 lo 4 in interfering with the activities of the petrtioner in serving the flavoured hookahs in the designated smokrng area of their restaurant under the guise of the amended Rule 43 of the Prohibition of Smoking in Public Places Rules, 2008 as illegal, arbitrary and without aulhority or lurisdiction of law and ultra vires and agarnst lhe COPT Act, 2000 as unconstitutional an(l violation of Art. 1 and 19(1Xg) of the Constitution of lndia and consequently direct the respondents to permit the petitioner herein to continue his business of serving flavoured hookahs in the restaurant in The OG cafe without any hindrance or reslriction except under due process of law

¶808

I.ANO:1 OF 2023

¶809

Petition Under Section 151 CPC praying that in the circumstanoes stated in the aflidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 not lo interfere with the day to day business of the petitioner in providing flavoured hookah to the customers in respect of the reslauranl under the name and style of The OG Cafe situated at H.No .5-16'1, Mylhrinagar, Miyapr.rr, Serilingampalli, Ranga Reddy.

¶810

Counsel for the Petitioner : SRI SHASHANK GARIGE

¶811

Counsel for the Respondents : GP FOR HOME

¶812

¶813

W.P.NO: 124A2 OF 2023

¶814

Between:

¶815

BLUE HOUR CAFE, Situated at Flat No.2-4-105l1, Savvya Tutip Cheruku ptaza, New Samathaputi, colony, Nagole x Road Nagole, Uppat, Mi:dchal,(Matka.igiri) Hyderabad. Rep.by its owner, Suhana Tabassum, D/o. Shaik Hassan, Occ ; Businesi aged about 37 years, Ryo, H-No.5-60/2, Saiviharcolony, Pasmamulla Vi age, Hayatnagar, Mandal, Hyderabad.

¶816

.....PETITIONER

¶817

AND

¶818

'1. The Stale of Telangana, Represented by its Principal Secretary Home Deparlment, Secrelariat, Hyderabad,

¶819

The Rachaknonda Police Commissionaire, Mandapur.

¶820

The Station House Office, Chaitanyapuri, Hyderabad.

¶821

Assistant Commissioner of Police, L B Nagar, Hyderabad.

¶822

.,...RESPONDENTS

¶823

Petition Under Article 226 of the Constitution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pteased to issue a Writ, Order or Direction more particularly one in the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and inlerfering with the said Business of the Petitioner running under the name and style "BLUE HOUR CAFE" Situated at Flat No.24-105/1, Savvya Tulip Cheruku plaza, New Samathaputi, cotony, Nagole x Road Nagole, Uppal, Medchal, (Malkajgiri) Hyderabad. Rep.by its owner SuhanaTabassum D/o. ShaikHassan, Occ ; Business, Aged about 37 years, R/o.H.No.560/2, Saiviharcolony, Pasmam ulla, Village, Hayatnagar, Mandal in serving of flavoured Hookahs without reference to rule. law or regulations as illegal, arbitrary, unconstitutional and contrary to the provrsions of COTP Act and consequently direct the Respondents to permit the Petilioner to continue his business of serving flavoured Hookahs in his cof{ee shop without any hindrance or restrictions, in the interest of iustice.

¶824

|.A,NO:1 OF 2023

¶825

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the "BLUE HOUR CAFE" Situated at Flat No.2-4-105l'1, Savvya Tulipcheruku plaza, New Samathaputi, colony, Nagole x Road. Nagole, Uppal, Medchal, (Malkajgiri) Hyderabad. Rep.by its owner Suhana Tabassum D/o- ShaikHassan, Occ. Business, agedabout- 37Years, R/o.H.No.560/2, Saiviharcolony, Pasmamulla, Village, Hayalnagar,

¶826

¶827

Coffee Shop Business of the Petrtroner runnrng under the name and style as in serving flavoured Hookahs to his cuslomers. pendinq disposal of the marn vr(t f)etition.

¶828

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶829

Counsel for the Respondents : GP FOR HOME

¶830

w.P.NO.14129 OF 2023

¶831

Between:

¶832

WILD WOLF CAFE, Situated at H.No-2-109, Sai Nagar, Chaitanyapuri, Saroornagar, Rangareddy Rep.by its owner, Oinesh Prakash Mudiraj S/o Prakash Gangaram Mudiraj. Occ. Business. aged about. 35 years, R/o.H.No.2-109, Sai Nagar, Chaitanyapuri, Saroornagar. Rangareddy, Telangana.

¶833

PETITIONER

¶834

AND

¶835

The Slale of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad.

¶836

The Commissioner of Police, Rachakonda, Hyderabad.

¶837

3 The Stalion House Ofricer, Chaitanyapuri, Kotapet, Hyderabad.

¶838

Assistant Commissioner of Police, L B Nagar, Rangareddy.

¶839

...,.RESPONDENTS

¶840

Petition Under Nlicle 226 of lhe Constitution of lndra praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one rn the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more particularly lhe Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under lhe name and style WILD WOLF CAFE Dinesh Prakash tvludiraj, S/o. Prakash Gangaram Mudiraj, Occ; Business, aged about. 3syears, R/o H No 2-109, Sai Nagar, Chaitanyapuri, Saroornagar, Rangareddy, Telangana. Rep.by its owner, of WILD WOLF CAFE, Situated at H.No.2-109, Sai Nagar, Chaitanyapuri, Saroornagar, Rangareddy in serving of flavoured Hookahs without relerence to rule, law or regulations as illegal, arbitrary, unconstitutional and conlrary to the^provisrons of COTP Act and consequenlly direct the Respondents to permit the Petitioner lo continue his business o{ serving flavored Hookahs in his coffee shop without any hindrance or restrictions, in the interest of justice-

¶841

|.A.NO:1 OF 2023

¶842

Petition Under Section 151 CPC praying that in the circumstances stated in the aflidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to rnterfere with

¶843

¶844

the coffee Shop Business of the Petitroner running under the name and style as wlLD WOLF CAFE Dinesh Prakash Mudiraj, S/o. prakash Gangaram Mudiraj, Occ ;. Business, aged about. 35 years, R/o.H.No.2-109, Sai Nagar, Chaitanyapuri, Saroornagar, Rangareddy' Telangana. in serving fravourcd Hookahs to his customers, pending disposal of the main writ petition.

¶845

Counsel for the Petitioner : SRt HABEEB ABUBAKAR ALHAMED

¶846

Counsel for the Respondents : Gp FOR HOME

¶847

W.P.NO: 14134 OF 2023

¶848

Between

¶849

DARK KINGT LOUNGE AND HOOKAH, Situated at, ptot o.42. new friends Colonv. 9ppaA-ally,^{Raiender Nagar, RangaReddy Distrct.Rep.by its owner,} Sved trfan S/o Sve'd' lqbal, Occ. Business, aged about. 26 yeais, Ryo.H.No:8- 14- 149/2/8/ 1 . O;aisi nifis Vfusiafa nagar rajendemagar, RangaReddy, Telangana.

¶850

PETITIONER

¶851

AND

¶852

The State of Telangana, Represented by its prirrcipal Secretary Home Department, Secretariat, Hyderabad.

¶853

2- The Commissioner o[ Police, Office at Gachibowli, Cyberabad, Telangana.

¶854

3, The Station House Officer, Rajendernagar, Polie Station, Cyberabad.

¶855

Assistant Commissioner of Police, Rajendernagar. Cyberabad.

¶856

....RESPONDENTS

¶857

Petition Under Article 226 of the Constilution of lndia praying that in the circumslances stated in lhe affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of^,,WRIT OF MANDAMUS" by declaring the action of the Respondents more particutarly the Respondent No.3 and 4, herein banning and rnterfqring with the said Business of the Petitioner running under the name and style "DARI( KINGT LOUNGE AND HOOKAH, situated at, Plot no 42. new friends Colony, Upparpally, Rajender Nagar, Ranga. Rep.by its owner, Syed lrfan, S/o Syed lqbal, Occ. Business, aged about 26 ycars, R/oH_No.g'14-1491218.11 ,Owaisihills Mustafanagar rajendernagar, Ranga Reddy, Telangana 23, in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequen y direct lhe Respondenls to permit the Petitioner lo continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restriclions, in the interest of^justice.

¶858

I.A.NO:1 OF 2023

¶859

Petition Under Scction 151 CPC^prayrng that in the circumslances^{stated in the} affidavit filed in support of the^petition, the High Court^{may be pleased lo directthe} Respondents more^particularly the^{Respondent No.3 and 4 herein nor to interlerewith} the Cotfee Shop Business of the^{Petittonerrunning under lhe name and style as "DARK} KINGT LOUNGE AND HOOKAH. Rep.by its owner, Syed lrfan^{tn:iervtng flavoured} Hookahs to his customers.^pending disposal of the^{main writ petition}

¶860

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMEO

¶861

Counsel for the Respondents : GP FOR HOME

¶862

W.P.NO: 15706 OF 2023

¶863

Between:

¶864

FLYHY THE HOOKAH LOUNGH ANO CAFE, Situated at 9-7-35612^High way road. Hyderabad. Champapet, Rep.by its owner, L.Ashwin Kumar,S/o.^{LingalaDayakar,} Occ. Business, aged about. 24, Years, R/o. H.No.'18-'l -29714211 , Shivaii Nagar, Uppuguda, Hyderabad-Telangana.

¶865

.....PETITIONER

¶866

AND

¶867

.1. The State of Telangana. Represented by its Principal Secretary Horne Departrnent, Secretarial. Hyderabad-

¶868

The Commissioner of Police, Oflice at Banjarahills, Hyderabad.

¶869

The Statron House Officer, Kanchanbagh Police Station,^Hyderabatl.

¶870

Assistant Commissroner of Police, Falaknuma, Hyderabad.

¶871

Task lorce SHO, Purnihaveli, Hyderabad, Telangana.

¶872

.....RESPONDENTS

¶873

Pelition Under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavrt filed^therewith, the^{High Courtmaybe pleasedto} issue a Writ, Order or Direction more^particularly one in the nature o[ "WRIT^OF MANDAMUS" by declaring the action of the Respondenls more^{particularlythe} Respondent No.3 and 4. herein banning^{and interfering} with lhe^{said Business of the} Petitioner running under the name and style "FLYHY THE HOOKAH^LOUNGHAND CAFE Situated at 9-7-356i2 High way^{road, Hyderabad. Champapet.Rep.byits owner,} L.Ashwin Kumar. S/o. Lingala Dayakar, Occ. Business, aged^{about. 24,Years,} R/o.H.No. 1 8-1-297 l42l 1,Sh:aji Nagar, Uppuguda,^{Hyderabad-Telanganain servingof} flavoured Hookahs without reference to rule, law or^{regulationsas illegal, arbitrary,} unconstitulional and contrary to the^provisions of^{COTP Act andconsequentlydirectthe} Respondenls to permrt the Pelitioner to continue his business^{of servingflavored}

¶874

¶875

Hookahs in hls coFfee shop without any hindrance or restrictions. in the interest of juslice.

¶876

|.A.NO:1 OF 2023

¶877

Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High court may be pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the FLYHY THE HOOKAH LOUNGH AND CAFE Situated at g-7-356i2 High way road, Hyderabad. Champapet, Rep.by its owner,L. Ashwin Kumar, S/o. Lingala Dayakar, Occ. Business, aged about. 24, Years, Ryo.H.No.18-1-297l4Zl1,Shivaji Nagar, Uppuguda coffee Shop Business of the Petitioner running under the name and style as in serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶878

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶879

Counsel for the Respondents : GP FOR HOME

¶880

w.P.NO.16172 0F 2023

¶881

Between:

¶882

lvlr Deoraltey Lekhraj Yadav, S/o Deorattey Jaiveer Yadav, Aqe 32. Occ : Business. Havino his offices at 4th Floor silver square Building sanlha srirtn construcrions Road No.35 Jubilee Hills, Hyderabad, Telangana 500 033.

¶883

.....PETITIONER

¶884

AND

¶885

The State of Telangana, Represented by its Pflncipal Secretary, Home Department, Telangana.

¶886

The Deputy Commissioner of Police, Taskforce, CFW, Patny Krishna Complex, Kalasiguda, Secunderabad, Telangana 500 003. The Deputy Commissioner of Police, Central Zone, Command and Control Centre Telangana Police, Road No. 12, Bhavani Nagar; Banjara Hills, Hyderabad, Telangana 500034-

¶887

The lnspector, Task Force, Central Zone, CFW, Patny Krishna Complex, Kalasiguda, Secunderabad, Telangana 500003.

¶888

The Assistant Commissioner of Police, Abids P.S., Abids X Crossroads, Abids Road, Chirag Ali Lane, Hyderabad, Telangana 500001.

¶889

The Assistant Commissioner of Police, Saifabad Division, Hyderabad,Lakdikapul Rd, Near Ayodhya Hotel Junction, Red Hills, Lakdikapul Hyderabad, Telangana 500004_

¶890

The Station House Officer, Narayanaguda Police Station, Behind Melkote Park Parking Bhawani Nagar, Narayanguda Hyderabad, Telangana 500029.

¶891

The Station House Officer, Chikkadpally Police Station, On the Main Road Near Saplhagiri Theatre, Opp to Lepakshi, Nirmal lndustry, RTC X Road, Hyderabad Telangana 500029.

¶892

L The Station House O[Iicer, Ramgopalpet Police Station, Minister Rd, Sindhi Cotony, Begumpet, Hyderabad, Telangana 500003.

¶893

.10. The lnspector, Task Force, West Zone, CFW, Patny Krishna Complex, Kalasigrirda, Secunderabad, Telangana 500 003.

¶894

¶895

.....RESPONDENTS

¶896

Petition Under Arlicle 226 o[ the Constrtution of lndia^{pra.vingthat in the} circumstances stated^rn lhe affidavit [iled^{therewith,lhe High Court maybe pleasedto} issue a Uy'ril or Order or Direction.^particularly one^{in natureo[ Writ of Mandamus.} declaring the action of the Respondents as^{illegal. irregular, irrationaland consequently} direct the Respondent^police aulhorities to stop^{illegally summoningthe Petitionerto} police stations an(, lhrealenang lo ftle cases against the Petitioner under Prevenlive Delention Act, in the inLerest of Justice

¶897

LA.NO:I OF 2023

¶898

Petition Under Section 151 CPC^praying that in the circumstances stated in the affidavil filed in support of the^petrtion. the High Court may be^pleased to direct^the Respondents herein to stop rllegally summoning the Petitioner to^police stations^and allow him to run his business as^per ordersⁱⁿ wril^{pelition No.25766} oI^{2O?2,pe^ding} disposal of this writ^pelition

¶899

Counsel for the Petitioner^: SRI OMAR^{A PASHA}

¶900

Counsel for the Respondents: GP FOR HOME

¶901

W.P.NO:16839 OF 2023

¶902

Between:

¶903

R. Vineeth, S/o R. Vadiraj. Aged 32 years, Occ , Business, R/o.Plot^{No.780,Defence} Colony, Sainikpuri, Ivlalkajgiri, Medchal-Malkaigiri District,^{Hyderabad500062-}

¶904

.PETITIONER

¶905

AND

¶906

1 State of Telangana, Represented by its Principal Secretary, Home Department, Dr. B.R. Ambedkar Secretariat Buildings, Hyderabad.

¶907

2 The Commissioner of Police, Rachakonda Commissionerale, Vayupuri, Secunderabad.

¶908

3 The Assistant Commissioner ot Police, Kushaiguda Division, Kushaiguda, Secunderabad.

¶909

4 The Slation House Oflicer, Neredmet Police Station, Neredmet, Secunderabad.

¶910

.....RESPONDENTS

¶911

Petition Under Anicle 226 of the Constitution of lndia^praying that in^the circumstances stated in the affidavit filed therewith,^{the High Court maybe pleasedto} issue an appropriate wflt. Order or direction, more^particularly oneⁱⁿ the^nature of^Writ ol Mandamus, declaring the action of the^{RespondentPolice Authoritiesin interfering} with the running of the business estabhshment of the^Petitioner i.e^{"The Black Panther} Caf6" situated at Plot^{No 780,Defence Colony, Sarnikpuri,Malkajgiri,Medchal-Malkajgiri}

¶912

¶913

Districr, Hvderabad - 500 062, Ielangana state, for offering flavoured Hookahs in the designated Smokinq Area ot \heir cotfee Shop, whi\e misinterpreting the provis\ons ot the COTPA. as illegal, uniust, arbitrary, against the provisions of COTpA, againsr rhe

¶914

principres of the naturar iustice, in vioration of the orders passed by this Hon,bre High Court as well as the Hon,ble Supreme Court of lndia, in violation of Arlicles l , f 9 (f ) (g) and 21 of the Constitution of lndia, and consequen y direct the Respondent police Authorities to not inlerfere with the running of the business of serving fravoured Hookahs in the coFfee Shop ie. The Brack panther cafe without any hindrance or restrictions except under due process of law.

¶915

l.A.NO:1 OF 2o23

¶916

Petition under section 151 cpc praying that in the circumstances stated in the affidavit Iired in support of the petition, the Hagh court may be preased to direct the Respondent Police Authorities to not interfere with the running o, the business ot serving flavoured Hookahs in the coffee Shop i.e- "The Black panther cafe,, situated at plot No.780, Defence Cotony, Sainikpuri, Matkajgiri, Medchal-. Maikajgiri District, Hyderabad -^{500062, Telangana State,without any hindrance or restrictionsexcept} under due process of law, pending disposal of the above writ petition.

¶917

Counsel for the Petitioner : SRt KRTSHNA SHANMUGAM

¶918

Counsel for the Respondents : Gp FOR HOn E

¶919

w.P.NO.179 17 0F 2023

¶920

Between

¶921

Ml .Syed Nawaz, S/o. Syed Mohd Nusrath. Age 25 years, Occ : Business, R:/o.H.No.16_4_ 44, Malakpet. Amberpet, HyderaOaO,t etanqina15o0016.^"' -*

¶922

.,...PETITIONER

¶923

AND

¶924

,| The State ofTelangana, Represented by its principal Secretary Home Department, Hyderabad, T.S_

¶925

2 The Deputy Commissioner of potice, East Zone, 2131612, DCp OFFICE, police Colony Amberpet, 2/18, Moosarambagh Rd, beside Bheernas Bar, premnagar, Police Colony, Amberpet, Hyderabad,lelangana 50001 3_

¶926

3 The Assistant Commissioner of police, Malaipet Division, Saidabad X Roads, Saidabad, Hyderabad, 500059.

¶927

4 The Station House Officer, police Station lr,lalakpet, Government euarters, Adjacent to TV Tower. NH g, Malakpet, Hyderabad, Telangana 500036.

¶928

.....RESPONDENTS

¶929

Petition Under Article 226 of the Conslilution of lndia praying that in the circumstances stated in the afFidavit fired therewith, the High court may be preased to

¶930

¶931

issueanorderoradi'ectlonoraWrttparticularlyinthenatureolWritofMandamus directing the^{Respondentsherein to allow the Petitroner herein to serve hookahin his} establishment^{lreely as long as he lollows theCigarettes and Other TobaccoProducts} ProhibitionofAdvertiSementandRegUlationofTradeCommerceSupplyandDistribution Act 2003 and^{rules and that the petitioner be allowed to servehookah in openareas and} smokrng zones^{and lo issue necessarydirections to the effectlhat no coercive action of} anynatureoughttobeinitiatedagainstthepelitionerorhisestablishmentnamelyBlack Pot and Cafe located^{in Malakpet,Hyderabad'}

¶932

I.ANO 1 0F²⁰²³

¶933

PetitionUndersectionl5lCPCprayinglhatinthecircumslancesstatedinthe affidavit filedⁱⁿ support^{of rhe petition,the HighCourt may be pleased to direct the} RespondentshereinnottotakeanyCoercivestepsagainstthePetitionerforserving hookah in his establishment^{namely Black Pot and cafe locatedin Malakpet, Hyderabad} pending disposal of this^{wril petilion.}

¶934

Counsel for^{the Petitioner : SRIAASHIRMEHTAB KHAN}

¶935

Counsel for the^{Respondents: GP FORHOME}

¶936

w P.NO:18351^{OF 2023}

¶937

Between:

¶938

YERRA DEEKSHITH^{GoUD,S/o.Yerra RameshGoud, A-ged about28 years..o.c-c;} B;;;;*, i-i-ioi,^{i^pru, B/H'vijava HighSchool. Gowdapuri eolonv,Hvderabad 500062}

¶939

...PETITIONER

¶940

AND

¶941

I.THESTATEOFTELANGANA,Repby(sPrincipalSecretary,HomeDepartment' Secretariat,^HYderabad-

¶942

1. THE COMMISSIONER^{OF POLlcE,Rachakonda,Hvderabad'}

¶943

THE STATION^{HOUSEOFFICER, Jawahar Nagar, Telangana'}

¶944

.....RESPONDENTS

¶945

PetitionUnderArticle226oftheConStitutionoflndiapray.ngthatinthe circumstances stated^{in the affidavrt filedtherewith,the High courtmay be pleasedto} issue a Writ of^{Mandamusor anyotherappropriate Writ or Writs' Order or Orders} declaringtheactionoftheRespondentsmoreparticularlytheResPondentNo.3hereinin banningandinlerferingWiththeRestaurantandCoffeeShopBusinessofthePetitioner running under the name^{and slyle as .,ELEVENCAFEAND BlSTRo"in premises} Irr,lunicipality Flat No.5-9-^{291tC1t1641501and 5-9-291lcl1164150?,RaiinisPride, Block} No.8. Shaili Gardens,^{Yapral, Alwal. Medchal-Malkaigiri, 500087 in servingof flavoured}

¶946

¶947

Hookahs without relerence to rule, law or requlalions as illegal, arbitrary, unconstitutional and conlrary to the provisions of COTP Act and consequently direct the Respondents to permit the P€trtioner to continue his business of serving flavoured Hookahs in his coFfee shop without any hindrance or restrictions.

¶948

I.A.NO:1 OF 2023

¶949

Petition under section i 5.r cPC praying that in the circumstances stated in the affidavit filed in support of the petition. the High court may be pteased to direct the Respondents more particularly the Respondent No.3 herein not to interfere with the Reslaurant and coffee Shop Business of the petitibner running under the name and style as^"ELEVEN CAFE AND BtSTRO" in premises Municipality Flat No.5-9291|C1116415O1and502, Rajini's Pride, Btock No.8, Shaili Gardens, yapral, Alwal, MedchaFMa lkajgiri. 500087 in serving flavoured Hookahs to his customers,

¶950

Counsel for the Petitioner : SRI K.PRADEEP REODY

¶951

Counsel for the Respondents : GP FOR HOME

¶952

w.P.NO.18829 0F 2023

¶953

Between:

¶954

G, Santosh, S/o. G. Srinivas, Age 24 years, Occ;Business, R/o.H.No.46-474, Baqathsinqh Nagar, Chintal, Qutubullapur Mandal, Medchat-Matkajgiri District-500054.

¶955

.....PETITIONER

¶956

AND

¶957

1 The State o[ Telangana, Rep by Principal Secrd.ary, Home D€parlment, Telangana secretariat Suilding, Hyderabad

¶958

2 The Commissioner of Police, Hyderabad City Police, Road No.-12, Banjara Hills, Hyderabad The Station House Officer, Domalguda Police Station, Hyderabad.

¶959

4 The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner Tank bund Road, Hyderabad.

¶960

' .....RESPONDENTS

¶961

Petition Under Anicle 226 of the Conslitution of lndia praying that in the circumstances stated in the atfidavit [rled therewith, the High Court may be pleased to issue Writ, order or direction more particularly one in the nature of writ of Mandamus" l).To declare the action of respondents more particularly the respondents No.2 and 3 herein interfering with "THE SKY NIGHT CAFE AND LOUNGE" at premises No.3-6-431 Flat No.301 3'd floor Sri Srinivasa C Complex of Jamuna Plaza Main Road Himayathnagar Hyderabad, in serving of flavored Hookahs, as illegal, arbitrary, unjust and in-contra to the previsions of COTP Act and consequently direct the Respondents

¶962

6/-

¶963

No.2 and 3, to permit the petitioner to conlinue his business of servrng of Food and llavored Hookahs in his Restaurant and Cafe shop i.e..^'THE SKY NIGHT CAFE AND LOUNGE" withoul ilny hassle, hindrance and restrictions in the inlerest of .iustice. l.A.NO:1 OF 2023

¶964

Petition Under Section^.151 CPC^praying that in the circumstances stated in the affidavit frled in support of the petition, the High Court may be^pleased to direct the respondents No.2 and 3 nol to interfere with running of^'THE SKY NIGHT CAFE AND LOUNGE" at premises No.3-6-431 Flat No.301 3rd floor Sri Srinivasa C Complex of Jamuna Plaza Main Road Himayathnagar Hyderabad in serving of flavoured Hookah, till the disposal of the maan writ pelition.

¶965

Counsel forthe Petitioner : SRI K.MADHUSUDHAN REDDY

¶966

Counsel for the Respondents : GP FOR HOME

¶967

W.P.NO.19005 0F 2023

¶968

Between:

¶969

VILLA CAFE AND BRISTO, Situated at 1-8-303/30, Sindhi Colony, P.G. Road, Hyderabad500003 Rep.by its owner, Tokala Siddarth Reddy S/o- Tokala Krishna Reddy Occ. Business, aged about- 33 years, RJo- Flat No.407, Sri Srinivasa Nivas Shiva, Enclave Dubai Gate, Near Durga Maata Temple, Old Bowenpally, Secunderabad.

¶970

....PETITIONER

¶971

AND

¶972

1 . The State ol Telangana, Represented by ils Principal Secretary Home Department, Secretariat, Hyderabad.

¶973

Hyderabad Police Commissioner Office, Banjara Hills Hyderabad-TS

¶974

The Station llouse Officer, Ramgopalpet, Polic€ Slat'ron, MG Road. Secunderabad.

¶975

Assistant Commissioner of Police, Mahankali Divisional (North Zono).

¶976

.....RESPONDENTS

¶977

Petition Under Anicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more parlicularly one in the nature of "WRIT OF MANOAMUS" by declaring the action of the Respondents ,more particularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style as "VILLA CAFE ANO BRISTO, Situated at 1-8-303/30, Sindhi Colony, P.G. Road. Hyderabad-500003. Rep. by its owner, Tokala Siddarth Reddy S/o. Tokala Krishna Reddy Occ. Business, aged about. 33^years, R:/o. Flat No. 407, Sri Srinivasa Nivas Shiva, Enclave Dubai Gate, Near Durga Maata Temple, Old Bowenpally, Secunderabad. Telangana to rule, law or regulations as illegal,

¶978

¶979

arbitrary, unconstitutiona I and contrary to the^provisions of COTP Act and consequently direct the Rcspondents to pcrmit the Petitroner to continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest of^justice.

¶980

|.A.NO:1 OF 2023

¶981

Petition Under Section'151 CPC praying that in the circumstances stated in the affidavit filed in support of lhe petition, the High Court may be pleased to direct lhe Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the Coffee Shop Business of lhe Petitioner running under lhe name and style as VILLA CAFE AND BRISTO, Situated at 1-8-303i 30, Sindhi Colony, P.G. Road, Hyderabad500003. Rep. by its owner, Tokala Siddarth Reddy S/o. Tokala Krishna Reddy Occ. Business, aged about. 33 years, R:/o- Flat No. 407, Sri Srinivasa Nivas Shiva, Enclave Dubai Gale, Near Durga Maata Temple, Old Bowenpally, Secunderabad. Telangana serving flavoured Hookahs to hrs customers, pending disposal of the main writ petition.

¶982

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶983

Counsel for the Respondents : GP FOR HOME

¶984

W.P.NO:l9051 OF 2023

¶985

Between:

¶986

Mr. Santhapuram Anil Kumar, S/o Santhapuram Nagesh, Age 27 , Occ ; Business, R/o. 1-67, Moinabad, Nagireddiguda, C.B.l T. K.V Rangareddy, Telangana 500075.

¶987

.....PETITIONER

¶988

AND

¶989

1 The State of Telangana, Represented by its Principal Secr€tary Home Department, Telangana-

¶990

2 The Commissioner oI Police, Cyberabad, Cyberabad Police Commissionerale, Pl2'1, Old Mumbai Hwy, Next to Care Hospital 2-48, Sti Shyam Nagar, Telecom Nagar Extension, Gachibowli, Hyderabad, Telangana 500032.

¶991

The Deputy Commissioner of Police, Rajendranagar, 66/^'t, Bannerghatta [/ain Rd, Rajendranagar mandal, Hyderabad, Telangana 500030.

¶992

4 The Assistant Commissioner of Police, Narsingi P.S., Gandipet, Narsingi, Telangana 500075.

¶993

5 The Station House Offrcer, P.S- Narsingi, Gandipet, Narsingi, Telangana 500075.

¶994

.....RESPONDENTS

¶995

Petition Under Article 226 of the Constilution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, direction, or a Writ, particularly in the nature of Writ of Mandamus directing the respondents herern to allow the pelitioner herein to serve hookah in his

¶996

¶997

establishment freely as long as he follows the Cigaretles and Other I obacco Products (Prohibition of Advertisement and Regulation of Trade. Commerce, Supply and Distnbutron) Act 2003 and rules and that the petitioner be allowed lo serve hookah in open areas and smoking zones and to issue necessary directions to the effect that no coercive action of any nature ought to be initiated against the petitioner or his establishment located at Sy.No.204/4"/.1, Sy.No 204/E/1. Sy.No.201/AA/1 , Janwada Village, Shankarpally Mandal, Chevella Division, Ranga Reddy District

¶998

|.A.NO:1 OF 2023

¶999

Petition Under Section 151 CPC praying thal in the circumslances stated in the affidavit frled in support of the petition, the High Court may be pleased to direct lhe Respondents to not take any coercive steps against the Petitioner for serving hookah in his establishment located in Sy.No,204lfu1 , Sy.No.204lE/1, Sy. No.204/AA"/1 , Janwada Village, Shankarpally Mandal, Chevella Division, Ranga Reddy District, pending disposal of the wit petition.

¶1000

Counsel for the Petitioner : SRI OMAR A PASHA

¶1001

Counsel for the Respondents : GP FOR HOME

¶1002

W.P.NO.19742 0F 2023

¶1003

Between:

¶1004

lti/s Mahadeva Hospitality, Having its oftice at^.1s Floor, H.No.1B- 1- 37, Sy.No.90 Part and 91 Part, Rajeshwara Nagar, Kordapur, Serilingampally, Hyderabad - 500 084, Telangana. Rep. by its Manager, Mr. V. Santhosh Kumar.

¶1005

...PETITIONER

¶1006

AND

¶1007

1 , The State of Telangana, Rep by its Principal Secretary, Department of Home, Secretariat Buildings, Saifabad. Hyderabad.

¶1008

The Director General of Police, State of Telangana, Telangana.

¶1009

3- The lnspector of Police, Gachibowli Police Station, Gachibowli, Hyderabad.

¶1010

4, The lnsp€ctor of Police, Madhapur Police Station. Madhapur, Cybe,rabad, Hyderabad.

¶1011

5 The Assistant Commissioner of Police, Madhapur Division, N/adhapur, Hyderabad

¶1012

The Deputy Commissioner of Police, Madhapur Zone, Madhapur. liyderabad.

¶1013

The Joint Commissioner of Police, Cyberabad, Hyderabad.

¶1014

The Commissioner of Police, Cyberabad, Hyderabad.

¶1015

RESPONDENTS

¶1016

{ \

¶1017

Petition Under Article 226 oI the Constitutron of lndia praying that in the circumslances stated in the affrdavit filed therewith, lhe High Court may be pleased lo issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of the Respondents in interfering with the activities of the Petitioner in serving the flavoured hookahs in the designated smoking area of their restauranU cafe named Hot Pot Cafe, under the guise o[ the amended Rule 43 of lhe prohibitton of Smoking in Public Places Rules, 2008 as illegal, arbrtrary, without authority or jurisdiction of law and ulla vires the Cigarettes and Other Tobacco Products (prohibition of Advertisement and Regulation of Trade, Commerce, Supply and Distribution) Act,2003 apart from being in violation of Artictes 1a and i9(1Xg) of the Constitution of lndia and consequently direct the Respondents to permit the Petitioner herein to continue his business of serving inter alia flavoured hookahs in its restaurant and cafe namely Mahadeva Hospitality and Hot Pot Cafe respectively, without any hindrance or restriclion except under due process of law.

¶1018

I.ANO 1 0F 2023

¶1019

Petrtion Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the pelition, the High Court may be pleased to direcl the Respondents to not take any coercive steps against lhe Petitioner Ior serving herbal hookah free of tobacco, nicotine and tar, in its cafe namely Hot Pot Cafe, pending disposal of the writ petition.

¶1020

Counsel for the Petitioner : SRI DALIA PASAARI GUPTA

¶1021

Counsel for the Respondents : GP FOR HOME

¶1022

W.P.NO: 2228A OF 2023

¶1023

Between:

¶1024

DEEP HOUSE CAFE, Situated at UNIT 801.802,8TH Floor, Aakruthi Township, A Btock, Sy no 149,150, Bouduppal Village, Ghatkesar, Ghatkesar, Medchel, (Malkajgiri) Rep.by its owner, Ramshetty Vishnu Ganesh S/o. Ramshetty Nareflder. Occ- Business, aged about. 31, Years, Ryo.H.No,'ls 4 -14311 Osman Shahi Near Mloba Temple, Gowli Guda Chaman, Nampali Begumbazar Hyderabad-Telangana.

¶1025

.....PETITIONER

¶1026

AND

¶1027

1 . The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad.

¶1028

The Rachakonda, Police Commiserale Office, Gachibowli.

¶1029

The Station House Officer, Medipally Police Station, Hyderabad. 4. Assistant Commissioner of Police. Malkajgiri Hyderabad.

¶1030

.....RESPONDENTS

¶1031

¶1032

Petitaon Under Article 226 of lhe Constitution ol lndia praying that rn the circumstances stated in the aFfidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondents more parlicularly the Respondent No-3 and 4,herein banning and interfering with the said Business of the Petitioner running under the name and sMe "DEEP HOUSE CAFE Situated at UNIT 801, 802, 8TH Floor, Aakruthi, Oduppal Township, A Blocks No. 149. 150, Bouduppal Village, Ghalkesar, Ghatkesar, Medchel, (Malkajgiri) Rep.by its owner, Ramshetty Vishnu Ganesh, S/o. Ramshetty Narender, Occ ; Business, agcd about. 31, Years, R/o.H,No.15-4-143/'1, Osman Shahi Near Mtoba Temple, Gowli Guda Chaman. Nampali Begumbazar Hyderabad Telangana in serving of flavoured Hookahs withoul relerence to rule. law or regulations as illegal, arbitrary, unconstitutiona I and contrary to the provisions of COTP Act and consequently direct the Respondents to permit ihe Petitioner to continue his business of serving flavoured Hookahs in his coffee shop wilhout any hindrance or restrictions, in lhe interest of justice.

¶1033

l.A.NO:1 OF 2023

¶1034

Petition Under Section 151 CPC praying that in the cirGUmstances stated in the affidavil filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the^"DEEP HOUSE CAFE Situated at UNIT 801, 8O2, 8TH Floor, Aakruthi. Oduppal Township, A Blocks No.'149, 150, Bouduppal Village, Ghatkesar, Ghatkesar, Ivledchel, (Malkalgiri) Rep.by its owner, Ramshetty Vishnu Ganesh S/o. Ramshetly Narender, Occ. Business, aged about. 31, Years, R/o.H-No.15-4-143/ 1, Osman Shahi Near Vitoba Temple, Gowli Guda Chaman, Nampali Begumbazar Hyderabad Telangana Coffee Shop Business of the Pelitioner running under lhe name and style as io servrng flavoured Hookahs lo his customers, pending disposal of the main wril petition.

¶1035

Gounsel for the Petitioner: SRI HABEEB ABUBAKAR ALHAMED

¶1036

Counsel for the Respondents : GP FOR HOME

¶1037

W.P.NO:2 2292 0F 2023

¶1038

Between

¶1039

Farook Ahmed, S/o. Taher Ahmed, Aged about 4'l years, Occ : Software engineer, Ryo-H.No.13-66, Flat No.101, Sneha Villa Apart nents, Yadav Nagar. Behind HP Petrol Bunk, Malkajgiri, Medchal - Malkaigiri District.

....PETITIONER

€)

AND

1 . The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat Buildings, Hyderabad.

¶1044

The Director General of Police, Telangana Slate, Hyderabad

¶1045

3 The Commissioner of Police, Rachakonda Commissionerale Ranga Reddy Diskict.

¶1046

The Assistant Commissioner of Police, Cyber cell, Cybercrime police Station, LB Nagar Police Station, Ranga Reddy District_

¶1047

The Station House Officer, Cyber cell, Cybercrime polace Station, LB Nagar police Station, Ranga Reddy District.

¶1048

.,...RESPONDENTS

¶1049

Petilion Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature ol WRIT OF MANDAMUS to exercise its unfettered, unbridled powers and fortiori direct respondenl No. 5 to expedite the Process of investigation in FIR No.490 of 2023, registered with cybercrimes PS, Rachakonda commissionerate, filed under sections 406, 419,420 of lPC, section 66-C, 66-D ITA 2000-2008 and file a status update report. |.A.NO:1 OF 2023

¶1050

Petition Under Section^'15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the pelition, the High Court may be pleased to call for report Irom respondent No.s's office on Petitioners representation dated 3-g-2023, consequentially direct respondent No, 5 to expedite the Process of investigation in FIR No. 490 of 2023, registered with cybercnmes PS, Rachakonda commissionerate, filed under sections 406,419, 42O of lPC, section 66-C, 66-D ITA 2000-2008.

¶1051

Counsel for the Petitioner : SRI SHAIKH CHAND AHMED

¶1052

Counsel for the Respondents : GP FOR HOME

¶1053

W.P.NO: 2230s OF 2023

¶1054

Between:

¶1055

LA FLEUR CAFE AND RESTAURANT, Situated at Ftat No 2-37 ptot no 82 Rep.by its owner, Mohd Yaseen Ali S/o. Mohd Yakhub AliOcc. Business, aged about.25 Years,-Ft/oH.No.2-37182, Vinayaka Nagar, Colony, Gachibowli, Serilingampally, Rangareddy.

¶1056

.....PETITIONER

¶1057

AND

¶1058

1 The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad.

¶1059

2 The Cyberabad Police, Commissionarte Old Mumbaihwy.

¶1060

3 The Station House Office, Gachibowh, llT Junction, Gachibowli.

¶1061

¶1062

Assistant Commissioner of Police. Madhapur, old mumbai hwy

¶1063

5, Deputy Commissioner of Polce, Madhapur, old mumbat hwy.

¶1064

RESPONDENTS

¶1065

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit frled therewith, the High Court may be pleased to issue a Wril, Order or Direction more particularly one rn lhe nalure of "WRIT OF MANDAMUS" by declaring the action of the Respondents more parlicularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style as LA FLEUR CAFE AND RESTAURANT Situated at Flat No 2-37 plot no 82 Rep.by its owner Mohd Yaser:n Ali S/o Mohd Yakhub Ali Occ. Business, aged about. 25 Years, R/o.H. No.2-37182, Vinayaka Nagar, Colony, Gachibowli Serilingampally, Rangareddy, Hyderabad in serving of flavoured Hookahs without reference [o rule, law or regulations as illegal, arbitrary, unconslitutiona I and contrary to lhe^provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest of^justice.

¶1066

|.A.NO:1 OF 2023

¶1067

Petition Under Section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petition. the High Court may be pleased to direct the Respondents more particularly the Respondent No.3 and 4 herein nol to interlere with the Cotfee Shop Business of the Petitioner running under the name and style as^'LA FLEUR CAFE AND RESTAURANT Situated at Flat No 2-37 plot no 82 Rep.by its owner Mohd Yaseen Ali S/o. Mohd Yakhub Ali Occ. Eusiness, aged about. 25 Yearc, R/o.H.No. 2-37182, Vinayaka Nagar, Colony, Gachibowli, Serilingampally, Rangareddy Hyderabad rn serving flavored Hookahs to his customers, pending disposal of the main Writ Petition and may pass such other Order or Orders as this Hon'ble Court may deem fit and^proper in the circumstances of the case. Sworn and signed before me On this lhe 16th day of August, 2023 at Hyderabad.

¶1068

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶1069

Counsei for the Respondents : GP FOR HOME

¶1070

W.P.NO: 23738 OF 2023

¶1071

Between:

¶1072

M/s. Suoer Foods, a registered parlnership farm,. represented by it s^Partner, Shaik^Abdul Faheem. Aged about 33 years, Ryo. H.No-9-1'1-313/6/8, Naya Oilla, Golconda, Hyderabad, Telangana - 500 008. ..,..PETITIONER

¶1073

¶1074

AND

¶1075

State of Telangana, Rept. by it's Principal Secretary, Home Departmenl Secretariat, Hyderabad.

¶1076

The Director General of Police, Telangana Lakdikapul Police Head Quarters, Hyderabad.

¶1077

The Commissioner of Police Cyberabad, Gachibowli.

¶1078

The Deputy Commissioner of Police, Madhapur Zone, Cyberabad Commissioner Office Gachtbowli.

¶1079

The Station House Officer, Gachibowli.

¶1080

..,..RESPONDENTS

¶1081

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewilh, the High Court may be pleased to issue a^"Writ of Mandamus" or any other appropriate writ, order or direction declaring the action of 5'h Respondent in interfering in the business activity of offering flavoured Hookah in the designated smoking area as p€r the guidelines laid down by Supreme Court in the restauranU coffee shop case as being illegal, arbilrary, unconstitutional and violative oI Petitioners Rights under Article 14,^'lg (1)(q)of the Constitution ot lndia.

¶1082

|.A.NO:1 OF 2023

¶1083

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the potition, the High Court may be pteased to direct the Respondent No.5 not to interfere in the laMul business being run by the Petitioner of serving flavored hookah at their coffee shop by adhering to the conditions sttpulated by the Honourable Supreme Court arid this High Court pending disposal of the writ petition.

¶1084

Counsel for the Petitioner : SRI K.RAVI MAHENDER

¶1085

Counsel for the Respondents : GP FOR HOME

¶1086

W.P.NO:2 92 0F 2023

¶1087

Between:

¶1088

NAWAB SHISHA LAUNGE, Situated al 19-1-87 4l'l l7lA. Bhaddurpura, Hyderabad. Rep.by its owner, Syed Yousufullah S/o. Syed Maqsood, Occ. Business, aged about. 24, Years, Ryo.H. No.20-7-2523, Qazipura, Shahali Banda,Chafminar, Hyderabad-Telangana.

¶1089

.....PETITIONER

¶1090

AND

¶1091

The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat. Hyderabad.

¶1092

2- The Commissioner of Police, Office at Baniarahills, Hyderabad.

¶1093

The Station House Officer, Bhadurpura, Police Station, Hyderabad.

¶1094

Assistant Commissioner of Police, Chatrinaka, Hyderabad.

¶1095

¶1096

.....RESPONDENTS

¶1097

Task force SHO, Secundrabad, Telangana

¶1098

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Cou( may be^pleased topleased to issue a Writ, Order or Direction more particularly one in the nature of "WRIT OF MANDAMUS" by declaring the action of the Respondenls more particularly the Respondent No.3 and 4, herein banning and interfering with the said Business o[ the Petitioner running under the name and style 'NAWAB SHISHA LAUNGE" Syed Yousufullah S/o Syed lvlaqsood, Occ. Business, aged about 24. Years, R/o.H.No.20-725213, Qazipu( Shahali Banda, Charminar, Hyderabad-Telangana,-23 in serving of flavoured Hookahs withqut reference to rule, law or regulations as illegal. arbitrary, unconstitulional and conlrary lo the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest of .iustice.

¶1099

I.A.NO:1 OF 2023

¶1100

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased lo direct the Respondents more particularly the Respondent No,3 and 4 herein not to interfere wlth the Coffee Shop Business of the Petitioner running under the name and style as "NAWAB SHISHA LAUNGE" Syed Yousufullah S/o. Syed Macisood, Occ. Business, aged about 24, Years, R/o. H.No.20-7-25213, Qazipur Shahali 8anda, Charminar, Hyderabad-Telangana,-23 serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶1101

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶1102

Counsel for the Respondents : GP FOR HOME

¶1103

W.P.NO:24696 OF 2023

¶1104

Between:

¶1105

ELITE CAFE & LOUNGE, Premises Bearing No. 18-742519, Second Floor, situated at Talabkatta, Hyderabad. T.S. Rep by Mr. MOHAMMED WAHEEDUDDIN, S/o Late Mohammed Burhanuddin, Age about. 52 yearc, Occ. Business. Rlo 22-7-501, Purani Haveli, Hyderabad.

¶1106

..-., PETITIONER

¶1107

AND

¶1108

1 The State of Telangana, Rep. by Secretary, Home Dept., Secretariat, Hyderabad 2 The Commissioner of Police, Office at Banjarahills, Hyderabad.

¶1109

¶1110

3 The Deputy Commissioner of Police, South Zone, Hyderabad.

¶1111

4 The Assistant Commissioner of Police, Mir Chowk, Hyderabad

¶1112

The Station House Officer, P.S. Bhavaninagar, Hyderabad.

¶1113

Deputy Commissioner of Police, Task Force, T.S, Hyderabad.

¶1114

.....RESPONDENTS

¶1115

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of^,,Writ of Mandamus" declaring the action of Respondents more particularly Respondents No.3 to 5 and their subordlnates herein, banning and interfering with the said Business of the Petitioner running under the name and style as "Elite Cafe and Lounge" rep by Mohammed Waheeduddin, S/o Late Mohammed Burhanuddin. Situated at Premises Bearing No.'18-7-42519, Second Floor, situated at Talabkatta, Hyderabad. T.S , in serving Flavored Hookahs, without reference to rules, laws or regulations as illegal, arbitrary, unconstitutronal and contrary to the provisions of COTP Act and consequenlly direcl the Respondents to permit the Petitioner to continue his business of serving flavored Hookahs in his coffee shop without any hinderance or restrictions, in the interest of Justice,

¶1116

|.A.NO:1 OF 2023

¶1117

Petition Under Section 151 CPC praying that in the circumstances stated in the alfidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent No.,l and 5 herein not to interfere with the coffee shop business of the Petitioner running under the name and style as Elite Cafe and Lounge rep by lvlohammed Waheeduddin S/o Late Mohammed Burhanuddin, Situated al Premises Bearing No.18-7-425/9, Second Floor, situated at Talabkatta, Hyderabad, T-S., in serving flavored Hookahs to his customers, pending disposal of the above writ petition.

¶1118

Counsel for the Petitioner : SRI MUSTAFA BASITH

¶1119

Counsel for the Respondents : GP FOR HOME

¶1120

W.P.NO: 25044 OF 2023

¶1121

Between

¶1122

SIL VERWOOO CONVENTION CENTER, Situated at 3-102, Janwada Main Road, Shankarpalle Mandal, Shankerpalle, Ranga Reddy District Telangana -500075 Rep.by its owner, Mohd- Ashandullah Khan S/o. Asadullah Khan, Occ- Business, aged about- 43 Years, Ryo. H.No-8-2-618/1, Road No.11, Banjara Hills Hyderabad-Ts

...PETITIONER

-)-f )

AND

1 The State of Telangana, Represented by its Princrpal Secrelary Ho,ne Department, Secrelariat. Hyderabad.

¶1127

2 Cyberabad Police Commrssioner office Old Mumbai, Old Mumbai, llyw, Next to care Hospital 2-48 Srr shyam Nagar, Telecom Nagar, Extension, Gachibowli , Hyderabad-

¶1128

3 The Station House Officer, Mokila, Police Station, NPR Vally. Main Road Janwada .

¶1129

4 Assistant Commissioner of Police, Narsingi, Ranga Reddy District

¶1130

.,...RESPONDENTS

¶1131

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affrdavit filed therewith, the High Court may be pleased to issue a Writ, Order or Drrection more particularly one In the nature of 'WRIT OF MANOAMUS" by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfering with the said Business of the Petitioner running under the name and style'SlL VERWOOD CONVENTION CENTER, Situated at 3-102, Janwada Main Road, Shankarpalle Mandal, Shankerpalle, Ranga Reddy District Telangana -500075 Rep.by its owner, Mohd. Ashandullah Khan, S/o. Asadullah Khan, Occ ; Business, aged about- 43 Years, R/o. H. No.8-2-618/i, Road No.11, Baniara Hills Hyderabad-TS, in serving of flavoured Hookahs wtthout reference lo rule, law or regulations as illegal, arbitrary, unconstitulional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner lo continue his business of serving flavoured Hookahs in his coffee shop withoul any hindrance or reslrictions. tn the interest of justice. |.A.NO:1 OF 2023

¶1132

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavil filed in support of the petition, the High Court may be pleased pleased to direct the Respondents more particularly the Respondent No.3 and 4 herern not to interfere with the Coffee Shop Eusiness of the Petitioner running under the name and style as "SlL VERWOOD CONVENTION CENTER, Situaled at 3-102, Janwada Main Road, Shankarpalle Mandal. Shankerpalle, Ranga Reddy District Telangana -500075 Rep.by its owner, Mohd. Ashandullah Khan S/o. Asadullah Khan, Occ- Business, aged about- 43 Years, R/o. H.No.8-2- 6'18/^'1 , Road No.1 1 , Eanjara Hills Hyderabad-TS serving flavoured Hookahs to his cuslomers, pending disposal of the main writ petilron.

¶1133

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶1134

Counsel for the Respondents : GP FOR HOME

W.P.NO.25836 0F 2023

Between:

Sultan.. S/o S.yeO^J9.u.syt Aged-about 40 years, Occ ; Business, Fyo.H.No.7/646, ^S/_ed Manjeera Water works, Old Hafeezpet, Serilingampally fi/andal, Ranga ReOdy Districi-^{- -'}

¶1139

.....PETITIONER

¶1140

AND

¶1141

The State of Telangana, Rep. by its principal Secrelary, Home Department, Secretariat, Hyderabad-

¶1142

The Commissioner of Police, Cyberabad. Ranga Reddy District.

¶1143

The Station House Officer, Miyapur police Station, Cyberabad.

¶1144

..,..RESPONDENTS

¶1145

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the aclion of the respondent No-2 in nol granting permission/No obiection for establishing Hookah parlour in the name and style of Kloud cafe and lounge at survey No.41lpart, Miyapur village junction, Serilingampally, Miyapur, Hyderabad is arbitrary, illegal, unconstitulional, illegql and opposed to Article^.14 and 21 of the conslitution ot lndia and consequenfly direct the respondenl No. 2 to grant permission/No objection for the same.

¶1146

I.ANO:1 OF 2023

¶1147

Petition Under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No.2 to consider the representation dated o7- ov zo23 of the petitioner during the pendency of the writ petition.

¶1148

Counsel for the Petitioner: SRI E_RAMESH CHANDRA GOUD

¶1149

Gounsel for the Respondents : GP FOR HOME

¶1150

W.P.NO: 26172 OF 2023

¶1151

Between:

¶1152

THE MIAMI GALLY CAFE, Situated at 6 -3 -108/601, Raj Bhavan Road, Somajiguda, Khairtabad. Hyderabad Rep.by its owner, Md. Shahndwaz S/o. Late MonjrimeO Sharfuddin Occ..Business, ageil about 37 years, Ryo.H.No.B-1S-1.1 ?11311 , Mailardepally, Rajendarnagar, Hyderabad Telangana.

.....PETITIONER

lL,.

AND

The State ofTelangana, Represenled^{byits Principal Secretary Home Department,} Secretariat, Hyderabad.

¶1157

The Commissicner of Police, Office^{at Banjara Hills, Hyderabad}

¶1158

The Station House Officer.^{Paniagutta, Police Station,Hyderabad}

¶1159

Assistant Commissioner of Police,^{Panjagutta,Hyderabad.}

¶1160

Task force SHO, Panjagutta.^{Hyderabad-T.S.}

¶1161

GHIVIC Khairtabad, Zone Khairtabad,^Hyderabad.

¶1162

Central Crime Station,^{Basheerbagh Hyderabad-T,S.}

¶1163

The Oeputy Commissioner of Police,^{EastZone, Hyderabad.}

¶1164

The Oeputy Commissioner of^{Police,WestZone, Hyderabad.}

¶1165

.lO, The Deputy Commissioner of Police. South Zone, Hyderabad.

¶1166

.1.1 . The Deputy Commissioner of Police, North Zone, Hyderabad.

¶1167

The Deputy Commissioner of Police, Central Zone,^Hyderabad.

¶1168

C€nter Crime Station, East wing Hyderabad,^Telangana.

¶1169

.'14. Cenlral Crime Stalion, South wing Hyderabad, Telangana.

¶1170

Central Crime Station, West wing Hyderabad,^Telangana-

¶1171

Cenlral Crime Station, North wing Hyderabad,^Telangana.

¶1172

.....RESPONOENTS

¶1173

Petition Under Article 226 of lhe Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the^High Court^{maybe pleasedto} issue a Writ Order or Direclion more^particularly one in the nature of 'WRIT^OF MANDAMUS" by declaring the aclion of the Respondents^{more particularlythe} Reapondent No.3 and 4, herern banning and^interfering with the^{saidBusinessof the} Petitioner running under the name and style "THE^{MIAMI GALLY CAFE, Situated at 6-3-} 108/601, Rai Bhavan Road, Somajiguda, Khairtabad,^{HyderabadRep.by its owner,Md.} Shahnawaz, S/o. Late Mohammed Sharfuddin, Occ ;^{Business,aged about 37 years,'} R/o.H.No.8-'15-11211311, Matla.depally, Rajendarnagar, Hyderabad^Telangana,in serving of flavoured Hookahs without^reference lo^{rule, law or regulations as illegal,} arbitrary, unconstitutional and contrary to the^provisions of^{COTPActandconsequently} direct the Respondents to^permit the Petilioner to continue^{his business of serving,} flavoured Hookahs in his coffee shop withcut any hindrance^{or restrictions,in} the^interest of .iustice.

¶1174

|.A.NO:1 OF 2023

¶1175

Petition Under Section 151 CPC^{praying (hat in} the^{circumstancesstated in the} affidavit filed in support of the petition, the High Court may be^{pleased to direct the} Respondents more^particularly the Respondent^No.3 and 4^hereinnot to^{interfere with} the Coffee Shop Business of the Petitioner^running under^{the name and style as "THE} [rlAMl GALLY CAFE, Situated at 6-3-108/601,^{Raj BhavanRoad,Somajiguda,} Khairtabad, Hyderabad Rep.by its owner, Md. Shahnawaz^{S/o. Late Mohammed} Sharfuddin Occ. Business, aged about 37^years, Fyo.^{H. No.B-l5-1 1211311,Mailardepally,}

¶1176

:lt

¶1177

Rajendarnagar, Hyderabad Telangana, serving flavoured Hookahs to his customers, pending disposal of the main writ petition.

¶1178

Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

¶1179

Counsel for the Respondents : GP FOR HOME

¶1180

W.P. O: 27223 OF 2023

¶1181

Between:

¶1182

M/s The View Lounger Srtuated at Premises No.1-^g8l9l3l4l17 & 18, Ruby Towers, Silicon Valley, Madhapur, Hi-Tech City, Hyderabad Rep.by its Proprietor Mr. Kondi Saikiran Goud_

¶1183

.....PETITIONER

¶1184

AND

¶1185

,| The State of Telangana, rep by its Principal Secretary Home Department, Secretariat, Hyderabad.

¶1186

2 The Director General of Police Telangana, Lakdikapool Police Head Quarters Hyderabad.

¶1187

3 The C,ommissioner of Police, Cyberabad.

¶1188

4 The Deputy Commissioner of Police, lvladhapur, Cyberabad.

¶1189

5 The Station House Officer, Madhapur Police Station, Hyderabad.

¶1190

.....RESPONDENTS

¶1191

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Wril of Mandamus declaring the action ol the respondents in unlawful interference in running petitioner's business in lhe name and style of M/s The View Lounge situated at Premises No.198/9/3/4/17 and 18,6rh Floor, Ruby tower, Silicon Valley, Madhapur, Hi-Tech City, Hyderabad as unlaw{ul, arbitrary and violative of Article 14 and^.lg (1) (g) of the Constitution of lndia and consequently direct the respondents not to interfere with the business of the petitioner in serving flavored hookahs to their customers at his coffee shop namely M/s The View Lounge except in accordance with law. I.ANO:I OF 2023

¶1192

Petition Under Section^'151 CPC praying that in the circumstances stated in the aflidavit filed in support of lhe petition, the High Court may be pleased to direct the respondents not to interfere in the business being run by the petitioner in serving flavoured Hookah al their coffee shop in adherence to the conditions stipulated by Apex Courl and this Court pendrng disposal of the Writ Petition in the interest of^justice. Counsel for the Petitioner : SRI MOHD ASIFUDDIN Counsel for the Respondents : GP FOR HOME

W.P.NO:27761 OF 2023

Between:

M/s, Shadruchi Foods, Located at: 3-1, Sy,No.105/F. Kompally Village, Medchal Districl. TS5000'14, Rep.. by rts^partner Pothula Gautham Reddy. S/o.^PothulaNagi Reddy. Age 33 years, R/o.8-2-613i5-1, Gouri Shankar Colony. Khairtabad, Hyderabad - 500004.

¶1197

,... PETITIONER

¶1198

AND

¶1199

1 The State of Telangana, Rep. by ils Principal Secretary. Home Department, Secretariat, Hydcrabad.

¶1200

2 The Oirector General of Police, Lakidikapul Police Head Quarters, t{yderabad, Telangana.

¶1201

J The Commissioner of Police, Cyberabad District.

¶1202

4 The Deputy Commissioner of Police, Medchal Zone, Cyberabad.

¶1203

5 The Assistant Commissioner of Police, Petbasheerabad,. Cyberabad,

¶1204

6 The Station House Officer, Petbasheerabad Police Station, Rangareddy District

¶1205

...,,RESPONDENTS

¶1206

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in lhe affidavit filed therewilh, the High Court may be pleased to grant an order or direction or writ, more so rn the nature of writ of mandamus declaring the action of the respondents No.1 and 6 in not considering the representation of the petitioner daled 2010912023 seeking permrssron for running Hookah Services in premises bearing H.No,3-1, Sy.No.105/F, Kompally Vrllage, Medchal-Malkaigiri District - 500014 as iflegal, arbitrary, highhanded apart lrom being violative of article 14 and 19 (1) (g) of Constitution of lndia and consequenlly to direct the respondenls herein accord permission tor provrding Hookah Services in premises siluated at H.No.3-1, Sy.No. 105/F, Kompally Village, Medchal - Malkaigiri District-soo0'14. I.A.NO:1 OF 2023

¶1207

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.1 and 6 to consider and dispose of the representation of the petitioner daled 20.09.2023 seeking permission for running Hookah Services in premises silualed at H.No.3-1, Sy.No.105/F, Kompally Village, Medchal - Malkaigiri District-500014 in accordance with la!v.

¶1208

Counsel for the Petitioner : SRI T.BALA MOHAN REDDY

¶1209

Counsel for the Respondents : GP FOR HOME

-+4

W.P.NO:30952 OF 2023

Between:

M/s.FORGEI ME NOT CAFL. Rep. by Konlham Abhinav Shvam Sunder Reddv. Aoe about 2_4 y9a!s, Occ , Properior of M/s. Forget trrte Not Cafe C/o l-i No. 1 -89/3/C/ 1 8,^'ptot- No. 18, !.ooJ^{Top, 5th Floor Beside Nector Garden, Durgam CheruvuRoad,FitnessWorld,} Madhapur, Ranga Reddy Dist-50O081, Telangana

¶1214

.....PETITIONER

¶1215

AND

¶1216

1 The State of Telangana, Rep, by ils Princrpal Secretary, Home Department, Secretariat Buildings, Hyderabad.

¶1217

2 The Director General of Police, Telangana Lakdikapul Police Head Quarters, Hyderabad - 500004, Telangana.

¶1218

J The Commissioner of Police, Cyberabad, Gachibowli.

¶1219

4 The Deputy Commissioner of Police, Madhapur Zone, Cyberabad Commssioner oflice, Ganchibowli.

¶1220

5 The Station House Officer, Madliapur Police Station, Hyderabad.

¶1221

Petition Under Anicle ??6 o1 the constitution of rndia r;;::tHi::T: circumstances stated in the affidavit {iled therewith, the High Court may be pleased to issue a Writ, Order or Direction more f,articularly one in lhe nature of Writ of Mandamus by declaring the action of the Respondents more particularly the Respondent No.3 and 4 herein interfering with the Restaurant and Coffee Shop Business of the Petitioner running under the name and style as "FORGdT ME NOT CAFE" in premises H. No..1-89/3/C/18, Plot No.18, Roof Top, 5'h Floor Beside Nector Garden, Durgam Cheruvu Road, Fitness World, Madhapur, Ranga Reddy Disl-sOOO8'1, Telangana, in serving of flavored Hookahs without their being any conlravention bf COTP Act. 2003, without reference to any rule, regulations or law by the Respondents as illegal, arbitrary and in violation of Adicle 19(1)(g) of The Constitution of lndia, {Oart from being in violation of Principles of Natural Justice and consequently direct the Rbspondents to permit the Pelitioner to continue his business of serving flavored Hookalis in his coffee shop without any hindrance or restrictions, in the interest oI justice

¶1222

|.A.NO:1 OF 2023

¶1223

Petition Under Sectron 1 51 CPC praying that in the circumstances staled in the affidavit filed in support of lhe petition, the High Court may be pleased to direct lhe Respondents more particularly the RIspondent No.3 and 4 herein not to interfere with the Restaurant and Coffee Shop Eusiness of the Petitioner running uMer the name and style as FORGET ME NOT CAFE in pfemises H No. 1-89/3/C/18, Plot No-^'18, Roof Top, Sth Floor Beside Nector Garden, D$rgam I Cheruvu Road, Fitness World, Madhapur,

¶1224

¶1225

Ranga Reddy Dist 500081, Telangana, in serving llavoured Hookahs to hrs customers, pending disposal of the main writ petition.

¶1226

Counsel for the Petitioner : SRI SATTOR RAGHAVENDER GOUD

¶1227

Counsel for the Respondents : GP FOR HOME

¶1228

The Court made the following COMMON ORDER

¶1229

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

¶1230

WRIT PETITION Nos- a223l2Ot3 3427 2015 45742 2022 46sO5120.22, r52. lL27 _ 1809. 193s,2729 2735 2954 3L24 3758 3784 4150 4297 4304 4330 4562 46AO 5084 5097 5t47 5L49 6s lo 6523 7 ta9 7297 7485 75o4 7949 7963 atl7. a226. A246. 426a. 8494. a509. 4564. 9558, LOL22. .t24a2LO24I to425 1o775 10814 11008 It2t3 11463 L2360 t4L29 14134 r 5706 16172 16a39 L7917 ra3s 1 18829, 19(X)5 19051, 19?42 222aa,22292,22305 2373a, 23A92,24696 25o,+4 25a36,26172' 27223 2776L and 3O952 of 2023

¶1231

COMMOTI ORDER:

¶1232

Since rhc issue i nvolvcd in all these Writ petitions is intrinsically inrerconDecred, rhcy are being aken up and heard together and disposed o[ by t]ri:; cornmon order-

¶1233

As the respondents have filed consolidated counter allidavit in Writ Petition No_46505 ol 2022, rhe said Writ petition is taken up as a leading case.

¶1234

W.P.No,465O5 of 2022 is filed under Arricle 226 of the Constitution o[ lndia, sccking the tollowing relief

¶1235

'lo po.ss oi order, directioa or a Wnt particutcrlg in lhe nature of Writ of Mand-annds directing the respondents herein rc allow the petitioner lgrein to setwe hookah in h$ establishntent freely as lonq o,s he follows tItJ "Cigarettes and Other Tobacco Products lprohibrtiin of Ad:uertisement ond Regulotion of Trode Cornrnercc Supptg dntt Distiiution) Act, 2OO3 aftd ntles ond that lhe petiltoner be allou,ecl to serue hookoh in open areas artd satoking zores <tncl to^,.ssue nece.ssary direclion_s to tlv. elfect lhat no caerciue oc1rcn of any noLure ought b be iniliattzd agailst lle petitioner or his esLablishment t@mely "Resrgn Sky Elar. iocated in Madhapur."

¶1236

¶1237

4 -l'hc casc of the petitioner is that he is running the rcsLatrranl undcrthcnameancStyleResiS'nskyBar,sinccrhanyyears:rnd also obtaincd^{tradcllcensefrom thc Grcater Hyderabad Mr-rnicipal} Corporation,^{Hyderabad-It isfurther casc o[ thepetitioncrth:rt} owncrs of^{cerLalil rcstaLlrantshad filed WritPetition No'32O2 of 2O14} antl batch^{on rhe file of this Court, wherein this Courtvidcr:ornmon} ordcr dated^{27 .O1 2017, allowed ttre petitioners thercin toscrv(l} Hc;okah as^{long as they follow rulles and regulations ancla lso thc} conditions^{stiPulated*rerein like havingCCTV camerasand not} , It is further^{caseo[ the petitionertl]at cven} scn,ing to^{minors ctc-,} though ttre^{restaurant owners are following the rules and regulations} as prcscribcd^{under theCigarettesaad Other T'obaccoProdr.tcts} (Prohibition o[^{Advertisement and Regulation of TradeCommercc} Supply and^{Distribution) Act,2OO3 (for short "COTP Act' 2OO3"l'the} fask force^{police under tlle control of respondentNo'2are visiting thc} busincss^{place and foisting[a]se caseswitha malafide intcntionto} iolce ihe owners^{of the business establishments to shutdownthc} hookal.r sales^{and usage' It is furthercase o[ the petitioner that thc} owncrs of the^{restaurantsagain approachedthis Courtandfiled Writ} Pctition W.P.Nos.22O6O^{arrd 23213 ot 2Ol7 and this Cor-rrt vide} common order datcd^{O2.O8-2O17 disposedo[ the said Writ Petitions} ancl ordered that^{the restaurantowners are frce to runtheir}

rcstaurants as pcr rlrlr:s iurd rcgulations and rha( iI police takcs any stcps, the DeLitioners tllcrctr) rverc grven liberty to approach the Director Gcneral of Policc/Commissioner of Police and lodge complaint rcgarding illegal intcrlerence of officcrs. It is further case o[ thc petitioncr that even though restaurant owners are rltnnrng hookah Centrcs strictly inconforrnigr with the directions issued by this Court, the responde n ts-police are raiding the hookah Ccntres and registering false cases under Sectioos 188,27O,272 and 328 IPC. It is furthcr case o[ petitioner that cases undcr aforcsaid Sections cannot be filed against the restauran[ owners i[ they scrve hookah to their custorncrs and that there is no general ban on sclling tobacco and tobacco products. It is further case of rJle petitioners that owners of the restaurants filcd Criminal Petitions vide Crl.P.No.56l9 oI 2O2O and batch on the [-rle of this Courr seeking to quash the proceedings in respective Crimes/Calendar Cases/ Sessions Cases registered for the ofTcnces undcr Sections I88, 269, 27O,272, 273, 32a,336 & 42O read with 34, l49,5Il of IPC; Sections 3(ml,2C.(21,2r(ll, 2tl2l, 22,7(31 and 7(5) ot the COTP Act, 2OO3 and Sections 58 and 59(i| ot thc F-ood Safery ald Standards Act,2O06 (tor short 'FSS ActJ. This Court vide common order dated 1O.062022, allowed thc said Criminal Petitions, quashing thc prococdings in the respcctive Crimcs/Catendar Cascs/Sessions

¶1242

¶1243

Cascs irr tc^{rts oItlle.c()rnrnolrorder, d:rted 0507''lO211>asscCtn} Mohd. J.Lrneel^{Ahrned us- Stc,tc o.f Te-tanganallt is furthercasc r>l} the pctit.iotrt:rs^{that sincc thcrc isno prohibitionunder CO'|P Act'} 2003 to serwc^{hookah,illterfercnceby thcresponden ts-policc} anrounts to^{violation o[ ttrc rigtrts guarantced undcr Artic]e 19(lXg)of} the Constitution^{of lndiaand also the provisions of CO'IP Act'2OO3'}

¶1244

5 n r:onsolidate'J coutltcr^{affidavit hasbcen filed bythc} responclcntNos.lto5inWP.No.46g5l2022,whcreinrnteraliaitis statcd tlrat thc^{pctitionersare scekingto give a direction to permit} runnrng ol'"llookah^{Parlour" and seving o[ Hookahin Restaurants} bcyond rhe^{areasdesignatcdby tl.e statute- It is [urthcr stzltedthat} thedetailstlfthoseHookahCentres/HookahParlours/HookahBars arc conspicttously^{missing. The petitioners without mcntioning that} thcv iirc complying^{with tarious statutory provisions of COTPnct'} 2003, havc^{simply averredthat they are servinghookah in thcir} prcmises- It is^{further statedthat no statute or regulation rcfersto} Hookah Ccntres/Hookah^{Parlours/Hookah bars ln thecountcr} aifidavit, thc^{respondents havcrelc rredvzrrious consf-itutional} provisions^I t:lating^{to he alth and right to lifc ltis staterl by thc} respondents^{th.rt as per Article 2lof the Conslitution of India' itis} the responsibilitl'^{of the Governrnentto direct its policytowards}

¶1245

l0l l Cril -J 641

¶1246

¶1247

sccuring tender age children,and grve thcm opportunltics to dcvelop in a healthy manner. It is [urther sraiec] th:rr World Health Organization Framework Convention on 'fobacco Control (WHO FCTC) and its guidelines provide the foundation for countrics to implement and manage tobacco conrrol. The WI{O has introduced MPOWER measr-lres which correspond to one or morc articles o[ the Framework Convention, to assist in reducing the dcmand for tobacco products at counrry-level, Ir is further statcd that hookahs are smoked in a closed cabins or rooms and persons wiro smoke, sit for hours together and inhale much more srnoke than those who smokc cigarette for 3 to 4 minutes. It is further stated rhat Hookahs sometimes called fuater pipes' and they are used to smoke specially made tobacco that is available in a varietlr o[ flavors, such :rs apple, mint, cherry, chocolate, coconut, licorice, cappuccrno, and waterErelon. It is lurther stated that F.Iookah srnoking is typically pracLiced in groups, with the same mouthpiece passed from person to person, Water pipe smoking delivers the addictivc drug nicotine and it is as toxic as cigzrrette smoke and due to the rnode of smoking including frequency of pu{nng, depth of inhalation, and length of ttre smoking session, hookah smokers may absorb highcr concentration o[ the toxins found in cigarette smoke- It is further stated that a typical one hour long hookah smoking session involves inhaling IOO

¶1248

¶1249

2OO timcs ttrc l'olumc tif srnokc^{inhalcdfrom asinglc cigarettc-} Hookah smokct s arc :l[^{t rsk {br thc samc kinds of diseases that are} causcd by cigarctte smoking,^{ir.rcludingoral cancer, lung canccr,} stomar:h cailccr, canccr o[^{ttre esoptragus,reduced lung function,} and dccreascd tertility.^{Hookahsmokingis NOT a safe alternativeto} smoking cigarettcs.^{'lhc charcoal used to heat tobacco in the lrookah} incrcascs thc health risks^{Evcttafter it has passedthrougtrwater,} the smokc produced bv a^{hookah contains high level o[to:ic} cornpounds, including^{carbon rnonoxidc,heavymetals, and t:ancer} causing chemicals and^{thus prayedt.} '^{dismiss the writ petitions.}

¶1250

Heard both sidcs artd^{peruscdthe record-}

¶1251

7 - The learncd counscl for the^{petitionersubmittedthatthe} rcsponden ts-policc arc^{trcqlrently interferingwiththe petitioner's} business activity of^{scrvinghookah in the designated smokingarea} in the restaurant and^{preventing the petitioner trom doing tracle' It is} furthcr submitted that thc^{actio;1 of the respondentsin askingthe} petitioner to stop offcring^{hookah in the absenceof any material to} show that the business^{is in violationof the guidelinesprescribedby} tlre Apex Court in^{NarinderS- Chod.ha v' MunicipalCorPorotton} of, Greater Mum.bai2^{and theCOTP Act,2OO3, amounts to}

¶1252

'^{(2o 14)l s scc 68e}

¶1253

-7

¶1254

rnll-in€icmcnt oI fundamental righrs :rnd tirc sarnc is rllegal and irnpropcr l-carned counsel submits that continuous inicrfcrencc oI ttrc respondcnts is causing irreparable darrragc and harassrncnt to thc petitioner and to the reputation o[ business- Learrrcd coLlnscl further submitted that in catena of cascs, this Court has clearly in unambiguous terms stated that police under thc guisc of implcmenting the regulation shall not resort to cause inconveniencc or any harassment to the customer/person present there or to tlte owncr of the restaurant, when the business is lawful ancl legal, therc cnnnot t)e any prohibibon, It is furrher submirted rhat the petitioncr is hotding all the required licenses such as GST, Sales 'lax, F-ood, Trade, l.abour etc., and also paid advance tax. It is furthe r subrnitted that the respondents are not having powcr to intcrfcrc with the pctitioner's business activity as long as hc follows thc guidelines issued by the Hon'ble Supreme Court in Narinder S Chcrdha's casc (supra) and also the provisions of COTP Act and thc rcgulations made thereunder. Thus the learned counsel prayed this Court to allow the writ petitions as prayed for.

¶1255

On the other hand, the learned Special Governrnent Pleadcr for Homc appearing for the respondents opposed thc writ petition and relied upon thc provisions of S€ctions 4,5,6,7,8,9, lO, ll, i3, 15, l7 and l8 ot CO1'P Act,2OO3. He argucd that COTP Act. 2OO3 has

¶1256

¶1257

¶1258

not on 11, ttlcltrdr-'d cr{:rrcrrcs lik,. Cigarcrtcs (Regulations of Production, Srrppl.y ;rnd t)istrrll_r t ion) Act, I975 but also brought all otl.rcr [ornt s ol tobacco prorlu<,-ts (both smoking and smokeless); Prohibition ol srnokir-rg rn 1;ublic placcs; Imposing nationwide public smoking barr ;rrrd spccifictl particular places as non_smoking zones; Ban on tob:rcc. :rdvcrtisr.g and sponsorship; Ban on sale to minors and in an itrcil within radrus oI IOO yards of an5r educational rnstitution; Displayi rrg oI pictorial health-warning labels; That the specified health u,arnings must occupy at least 4oo/o ofthe principal display area on thc front panel of the pockets, and shall be rotated every 12 monrhs; rhar rhe la',v 2l5e prohibitcd more than two Ianguages lronr being used on thc pack to ensure that specified warnrng is lcgrbit: and promirrent. It is lurther submitted that with effect from 2,,d October, 20 12, the Government b(€an screening two an ti-tobacco iidvcrtiscmen ts in movre theatres ancl television. Nicotinc and 'l'al con tents of all totracco products must be clearly displayed on thc packs, producers o[ tobacco products must ensure that thcse harmfu I contents arc within the maximum permissible limits as prescribr:d by thc rules. Tyre learned Special Government Plcader further submitted that Rule 4 of the prohibition of Smoking in Public places Rules, 2OOg (for short .Rules, 2OOg-f mandates thar the owner, propr rctor. managcr, supervisor or in_charge of the affairs

¶1259

¶1260

¶1261

ol a trotr:l having thirty or rnore rooms or rr o ant having se.rting capacit-y of thirty pefsons or morc unu ,n" nranager of the airport rnay provi<ic for a smoking arca or space as defincd in rule 2(eJ_ As Ix'r Rule 4(3), no scrvicc s all be allowed in any snroking area or space provided for smoking- Therefore, nr l ash rays, Iighrers, matches or orher th, Ings to facilita te smoking are to be provided in a public place as per Rule 3(cJ of the Rules, 2OOB_ Ir is further submitted rhar as pcr Rule + @)(a), smoking rn public places is completely banned and for a person visiting a Restauraltt or a Hotel satislying thc statuto.y requiremerlt, the Hobl or Restauranc may designate a separate area or space as per the dcfinition of smoking area rn Rule 2(e) and such a person visiting the hotel or a Resraurant is frec to smoke in the designated smoking area. The Restaurant or the Hotcl will not provide any smoking apparatus or anything that aids smoking_ It is further subrnitted that Rule (r)(c) specificarv praces a bar on the or.r.ner,;;J:3 ger, supervisor or inchargc of thc affairs of public place to ensure that no ash trays, matches, lighters or other things designed to facilitate smoking are provided in the public place, therelore the necessary corollary that would follow is that, there cannot be acfve participation of the persons incharge of marraging a restaurant or a hotel to provide smoking aids. As such smoking of hcokah canlot be aiclcd by the

¶1262

¶1263

¶1264

restaurant or-a hotcr rn.rcrv si.cc rl has a smokir.rg room attachcd to it. It is furthc. submiltr:rl that *,hat r::rn.ot be permitted in the public area of a restallrant cartrtr>t bc slrctched to mean that it can be .^{prowidedin the smoking arca- It is furthcr} submitted that the Tradc Iicences obtained by thc petitioners from thc Greater l{yderabad Municipal Corpor-ation, docs not disclose that they have been issued after a declaration that rhey are running^.Hookah Centies". The learned Special Governmcnt plcadcr rclied upon Section 52l of GHMC Act, which specifically srares that no person shall without liccnce keep, in or upon any picmiscs, lor sale or for other than domestic use, any articlc specifieC in part lll ot Schedtrle p. It is further submitted that charcoar, which is uscd to facititate the smoking of the Hookah is an Articre mentioned in part III of Schedule P. The use of charcoal for thc purpose of Hookah srnoking is very dangerous and can pose a rrsk of firc accidents apart from creating a nuisance to the persons who may visir the Restaurant or Hotel. It is further submitted that thc licences ot the petitioners do not disciose that tfrey have filed declaration rhar rhey intended to use Trade Licences to permit Hookah smoking_ Thcre is no occasion for the Municipal authorities to consider this aspect. The learned Special Government Pleader lurther sr_rbmittcd that even though earlier batch of cases have been disposed of b1, this Court, the issues raised

¶1265

¶1266

{

¶1267

in rhcsc .r,rit pctitions arc nor spccilically advcrted and this Court has not rztkcn into r:onsiclerarion that Hooliah is also zr Tobacco product :rnd thc provisions of COTP Ad, 2OO3 apply. Ir is further submittcd that praycr sought in rhese writ petitions is in the nature of rcstraining the authorities from inspecting the premises where Hookah centrcs arc being run and in lact as per the provisions of Hyderabad City Policc Act, 1345 Fasli, the police has power to inspcct any public place for the offences committed under the said Act, i-e, cxlxrsing of body in indecent manner, possession of suspcctcd arliclcs, in<lecent acts iir streets etc-, committing nuisance in or ncar public plzrce. It is lurther submitted that since the observations made in thc earlier batch of cases does not specifically restrain or dcclarc ttrc powers cxcrcised by the policc offrcers as illegal, tlrc police officcrs are cntitled to supervise and inspect, seize and scal [he frtitioners establishments if:,any violation is being found under Scclion l2 of COTP Act- Since therorders passed in the earlier writ petitions, does not give blanket^protection or recognizes the independcnt existcnce of "Hookah Centres", the^judgmcnts relied upon by tlre petilioners:tre not help[ul^{to the} case of Lhc pctitioners and tlrcrcforc, thc learncd Special^Governmcnt Pleader prayed for dismissal ol thc wrrt pelitjons-

¶1268

l-2

¶1269

It is^{apt andappropriateto (rxttacfs('mcoI tllerolcvant}

¶1270

provisions^{of COTPAct' 2OO3' r'r'hichzrr c as follos's:}

¶1271

u3- De!i^i'ions'-In"u'^{Act' u^lesslh" ro tcxl olhe^utsc requrres'} la | " o du e t1 i se ne n' ^oi!' :,"Y, n!," I;',: ::;" i::;' :'!X T::'':! "' :' ff ; 'antlar' label, wroPPet qn'a u n(Ptt,'t^{*oa" o^ttl'o'"ti'o n Ii n'n ^t of produant l o' tta t6'nit'rng} lighl,^{soun<l,smokeor qas;}

¶1272

(b)^{-cigorclteincl de-s'}

¶1273

in^{poperor tn otrg olhcr Subsl.]ttd] nol} fi)^{rrrlg roll dloboaowraPqed} d)^tai^{ng lob<ac(l)'}

¶1274

(ri)ansrottof^{bbac.co::y::,:',i;"lr;i'ii:;:,,:'::;:''i'?t'i"'f;fi;} i:nzo''* tlrW;x,tT:":"iiii;i':t*"1!:;:':;;:'::f

¶1275

bt1 uaL^{of somples wtrclherfree' or} (cJ^{"disttibutiorl} - incfudesdistribulron othenaise;

¶1276

cq'ta'l^{eexPre s stons'} ,:,";T:##:,,1 ;f ,:;tr::';i::."::,i:::: ;^;::

¶1277

u) hich^{i s tei ther o n t n tti on} 'fl ^#:;::.r#hfr^{;";:il:n:"^0"'o'} 2";y,1#^,!:,#?:;.ff^{':;'::::::::;"d'o'" o' " exPr{'ssions'}

¶1278

,!:;iyx:ffix:;tr;::;T;::,;J::ff^{:i,J|x,3::::r'scrredure}

¶1279

th)^{'tobe(fl,,reans anal-written,;:iif;r'::;:rd'Pn^ted or stcphic} 'iatter, alFred. to' or appeonng^uPut't '^{tt r--}

¶1280

(i) "packagd^{irdudes a uropPer' box ca.rlo'\t|lor olher co^latner:}

¶1281

(j)^{'prescnbed'n'e.,nsprescibed bt1mlesmanT<:undcr lhisAct;}

¶1282

T"ifWi#ii-k'i"''''i'{if^i#J:r

¶1283

Ji)^{pocktrlg,tabellingor re'labellinq' t)l conloi,rers:}

¶1284

¶1285

lnl^{te peckug} /t^{()tr l,ulk packeqsto retorlpeckages. and}

¶1286

(utl llte o(lopttott ol onlj otltL:r nethod to reniTer the lobacco product ntorkctul c.

¶1287

(U publtc pLacc tt.?.o,Ls orty trloce to which the public taue cccess, wlleller os ol nrJlt or tu)L, a^d tncludes audilonutn hospital build.ings, railLualJ tDotlutg room, amusente,nt centrcs, restaurants., public offces, courl bu dutqs, e(lucoltonol trlstilutrbn-s, labruries, F,ublic conueyances arrd the lfte wlrclt are utsiteLl bA g<.neral public bua does rt.ot include ang operr spdcc:

¶1288

(m)^-sole , LU lt tls gratn nottcal uariations and dgnate eprassions. means any tronsfar of propctTy in ggods bg one p€rson to another, ulletlrcr for cash or on credtl, or bg ung of excllolrge, and wt ether Dholesale or retail, oad includcs an agreemenl for *le, and olfer lor sale etkl exposure Ior sale:

¶1289

(n)^.srnoktng , ,ne(rrr-s smokirrg of lobacco in anA fom whether in the form of ctgarette, cigar, beed6 or othcnlise uith lhe aid oI a piw, urrapper or ortg ot lrct tnstnt mcttls:

¶1290

(o)^'spectlied wonung' nrcons q-ch uarnings ogo,in-sb th.e use of cigareales or other lobacco

¶1291

products lo bci prttied, p.rinted or irtsc'ribed on packoges of cigarctles or olter tobocco producb in

¶1292

such fonrr ond ntatuter as tnc.y be prescribed bg tales nade under this Act;

¶1293

(p)^'tobacco producls- means tle products splccrfied in the Sltttr-fule-

¶1294

4- Prohlbition of smokiag in a public lrlace.-No F,erso,r shall srnoke in ang pubhc plctc<:

¶1295

Prouded lhal tn e holel houng lhirlg tooms or a reslauranl hauing seaaing capaciy of tturlg persotts or more <tnd in ll@ oirpod.s, a sepo,.r e provision for smoktng area or spoLe mag lt{d made.

¶1296

S. Prohibitio,a of oduettisefient of cigo.rettes d d othei tob@cco prodt cts. (1) No person engoged in, or^purpoded to be engaged in the pro<luction- supplg or distibulton of cigorettes or ang other tobocco products shall adtEtlise and ^o persott^houing co^lrol o.Et a ntedium sholl couse to be aduerTrsed cigarettes or ang other tobac:co prod.ucls tlwough tt@t nrcdutm onci no persora^{shalllake parT} inotA aduertise.7l.e t wfuch diecllg or indarectlA suggesas^{or promotesthe} use or^qtnstmplion of cigaretrcs or an!, olher tobacco Producls.

¶1297

(2) No pcrson, fot on| direct or adirect^pecuniary benefd. sttoll-

la)^<hsplo|, couse to disptoy, or pennrl o, eutlpnse to dt:,, (ut tutrt aduerttst\nt:ltt of c.garettes or aig other tobact" ;;;r;i: ,r',

¶1302

(b) sL,ll or cause to sell, or pennit or ouutt)nse tg scll cr lttnt or ta(lco tape conrot,rulg adw,lisernent;f cigareues or u,;; ;;r;;';"b"rlt lsroduct: (c) dislibule, cause to d:tn:ta,at or pen tt or outhois.. to .7tst.ibt.t(: tc _t.hei pubtic,ang teallp-t, ho:td-bili "r' d".r,,;';,,;";;;;;it ,,, u, t,t,ctt (rnlatns od aduertsement ofcigarettes o, an11 oti,e) t"ir"f,." pr",nr.r, ", (d) oect, exhibit, fu< or :etan upon or otEt art1l lond, bu <lt,lg, tl)<)ll. hoarding, fratne, post or -*ntclure or "pon "r-,,i "l,y" rirrrclc or shlr doplag in ang matmet urllr,tsrr;,.,er in ong ptnr. *,,i a"d-irtrrn,lrcnt u1 clgarettcs or any other toba@ prroduct:

¶1303

Prouide-ri tltot t/us sab-secrion s hall not appty in relot,o to

¶1304

l:!:: "d*n:"g^ent oI cigaretles or ang olher tobacco proclrtd ttt or <rtr (1 trockoge antaining cigarettes or ang otrgr tobat.rn ,roir"rl'

¶1305

lbl oduerl.tsement of cigareates or aiy olher tobacco procltct u,trrcIr t< <ltsplayed el th.e entraruE a6,"i,"* " "a'^{J, r' ;: ;;::;r:;ffi:r":, :::: :;;::",;,"} o,il}li,ii Ji,i

¶1306

No perso4 shalt, under a drnlrcrct or otherutse promore or ()gree to promote thc use or anstmlzfion of _

¶1307

{a) cigarcttcs or ang other tobacco product; or

¶1308

(bl anA trade mark or brantd nome of cigarcttes or anA ottv?r tobacc(, product in exchange lor o. onsorchip, jin, pnr. or-n-hitor.n,t, qir,, or ogreed to be giuen by dr.tolhe, p"oon."^-

¶1309

!..^{Prohi:rilonon sale o.f cigqretleor other tobrtcco} ptrrr<lucas to cl 1."n ft?.-^{che agc ol eig,r.tcenguo." c,nd} i-i"id_i, ... *" f:trA":l:,,',:,!:' oJler lor so,,"' or pennit '..r" o1, iiso,"i.-;, antt other

¶1310

lat^to ang,person uho is under etghtcen years of agc. ond

¶1311

lb) in an area within a ,?adilA tn_stitution_ s oJ one hundred yords of ang e.luc( ional

¶1312

7- Restidtions on trade q.nd comj/nerce iq and production, supplg and distributton oJ cigarettes and other tobaci"'iliirl"o. -f t I y" person_. shrtt, directts or indirccttg, p-d"*: -;;;;;-f,ioirrnt ur. ctgaretaes or qng olh.er tobo..Io prd.ucTs ,nt""r' .iry- pock(lge d ctgorettes ot ang other tob ait,,ute<tout,i,ia,,i'trcilTZ,::,i:i::r.[':i:;:ft includtng a p(tonal woming as may bc prcscribed ^;,y,ii,1,,:;

12)^{No pcrsotl shall coml o,t lredr.or conunerce in cigaretrcs or ang} other Lobocco products ttn[.'ss eDcrg packoge of ctgdreltes or ailJ other tobacco products sold. supphcd or dtstnlrut<2d by hun bbdrs lhereon, or on s lobcl, llLe spectfted utomtnrl

¶1317

(3) No persoi sholl u potl c)arc es or onll oth.er lobocco products for distribulion or supply for o ualuable cotsidcralion or lor scrle in lndia unless euery package of ctgorctles or unA olher tobacco producls so tmporld by furn bears tlereon, or o,t its lobcl, the specifi.ed utaming.

¶1318

(41 The spectfed wanrnq shall apryar on tlot le-ss thon one of the lorgest panels of tlrc Packagc tn tultch dgarettes or any otler tobac<n products ltoue been packed Ior d$tnbuton, so.lc or supplg for a tnluable consideralrcn

¶1319

(5) No persort sh.rll, dtccrtA ot ttdtrectlg, produce, supplg or di.stribute cigareles or ong olhcr tobecco products unfess every packoge of cqorettes or an!, olret tobocco products produced, supplied or dislributed by him indrcales thercat\ or on ils label, the nicotine ond tor coalenrs on each cigarctle or os lhe case nag be on other tobac@ products along uitLt the ntorirrntr pertnissible limits llereof:

¶1320

Prouided lhal the nicottne ottd lar contcnts sholl not exceed the mo-rimum pennissibLc quattttg tlereof as noy be prescribed bA tules made under this Act.

¶1321

77- Testlr/lg ld>oratory for rl.icoti'''e dnd td. cofttents--For purposes of testing lhe nicotine ond tor contents in cigarettes^qnd. dnq other tobqcig products Lhc Cet ral OoL'ernment shall bg notlication in ttre Olficial Gozette grot( recognfioi to such lesting lqboratory o-s thot Gouernmenl mag decrn necessary

¶1322

72- Power of entry and se..rctl^{( I} I Attg police olfrcer, not below the rank of a sub-insryclor or a,tg olfcer of State Food ot Dntg Admi/risaratiott or arty other ofrtcer,^trolding tle equilraleflt ratak being ,rol belout lhe rank of Sub-lnspectot of Polce, authorise srde bA the Centrol Cauernment or by tJe State Couer^rnent mag, if lw hos ang reason to susped. that ang prousiot of th].s^{Act ltos} bee\ or is being, co^travened. ertter <tnd search ttt lhe manncr Prescribed,^al any reasonoble lime, ang facaory,^{building, bu.srness premtscsor on!othel place,-}

¶1323

(a) where any trade or cottntlerce in clgorettes or ong other tobac(a produals is carried on or cigarelle:;^{or ong} olher lobacco products are prodaced, supplied ot d$tnbuled: or

¶1324

(bJ where ona aducrlrcenlenl of the^cigarettes or aig other tobac.:o pro<lucts l@s been or $ being Qde

¶1325

(2) The prouisions oJ tle Code o[^{Cnminall>tocetlure,} 1973⁽² of 1974), st@tl appty to euery seorch and^{seitalre madeunder this Act-}

¶1326

¶1327

PotDcr to seize -(ll lf arry police oJntzr, nol belou tlle rarl.^.' o sLtlr raspeclor or^(ltuJ oJficer of State Fad or Drag Admuis\rattort t)r at y otlk'r offrcer, holdutg the cquiualeat rank being nol belou' the nluk .)f SLtl) l spectol ol l'olice, aultorised bg lhe^(bn ral Couent,,rctl or lrt tl c Stotc (;oue/'nnten!, hos onA reason lo berieue tlnt,

¶1328

lal in^rcnDct ol ottg^pcrckaqc of cigorcltes or arlll ollu!^tobocco Producls.^or

¶1329

lb) irt^resptcl of^{ang aduetlisencrtt} of^{cigarelaesor anq othcr tobacco} produds,

¶1330

lle prouisions of ,ris Act hqve been, or ore fuing, conlraue,rcd, le ,rtau s.1"8 such pockege ot adtErtisemenl motcrial it the mantaer lncst nbed.

¶1331

(2) No pockage of cigard.tes or ang othcr tobacco l,.odtcts <tr .tduertisa)rnetd tn.o.teria.l seiz,ed undel dizrr.s (4 of sub-sectiofl ll I :;hall be tclained bg tht: olfier utlto seized rhe po*age or adtgrlsetnrltt ntotcriol for^{dpeiorlexceedingni^etg dags} frorn^{thE date of lhe sct?rrc unlcss} thc .approual of the Aslricl Jud4e, wtlhin lhe loc'ctl linuts of Lultost' )unsdictlon^{such seiz)reLUosnade,has been oblauptl} lc:,^suclt tclentiorL

¶1332

Co,rtiscation of pa.ckage-Attg po*oge of cigarettes ot e,tq otlt..r tobacco producls or ang dd.atertiserrtent ,rraaerial of cigareltes or a^!J otlTcr tobacc-o products, in resp@t of whicrt atty prouislon o/ thrs Act llos beert ot ts txzing contrauened, shall be lioble to & corefisc:aled.

¶1333

Prouicled tlat, u)here r( is establisrted lo the so.aisfoctton^('I tle court adnrdging tllc <n'nftscalion afu)t tle pe.son in whose possessro|. pou)er <tr corrtrol oty such packoge of cigardles or any oller lobocct) ptoducls $ loun<l k not responsible for thE @ntranEnlion of tle prodstor:i o/ rhrs Act, lLLe Coun mag, insteod oJ noking an order lor lhe confiscotion of such pac*oge, make such other otder auahoivd bg thts Acl ollet,rsl lh(' person guilty of th.e breach of the protisions of ahis Acl as mag t lirl-jr. frt

¶1334

co^liscation made, cosls ordered lo be pid. und.er this Act sltoll preu<:nt the innidion of ang punislunetl to urtidt ale p€rson alfected thereby is l@ble under the prcdsion-s of this Ad or under ang other lau.

¶1335

20- Pt rrishtrzcl.t for lallure to gige slrcilied wqlning ond ^icotirrt) ond t@. co,trter,.ts.ll) Ang pervo tttho produces or monuf.jcd/,:es ctgdrettes or lobac@ producls, uthich do nol cor'tau. e lvt on lltc pdckage ot on tlteir label, alte specifred utaraing end the tticolnrc ttrtd tat cot,l€rtLs, shall in thE case of fits't @nviclion be purrislfibl,. wilh t prisottncnt lor a tE-n uthich maV elead to lwo gears, or ur.fh frt7(' which mag odend to frue thousand ntpees, or wilh botL^(fitd for tt7<' secort<7 or subsequena conuictio4 uith inpnsawnenl for a lcn l otuch meu e.xtetu| to lte gears and lJ,ilh rtne u.rhich maA exl"nd to ten llrcus(and ntpees-

¶1336

¶1337

¶1338

(21 AnlJ persott tDho^{sells ordist'lbutes cigutcttes o'k)l)occo producls} '*iri.h-do ttol conto]i/ elher ort the pockugt- ot ot th<-ir label' lhe speaJiecl *orruag una^{enic<rLur-an<ltor cotl.anlsshall intltc caseof filst} co,ruiction be^{punishableuilhin|lnsortnlenlfor uLent' wlriclltrtaA} extend to^{oftegeqr,or k)ith} finc^{uluclln&y erlc'tdlo onethousoltd} rupees, ot Lrith both,^..nd, for^{ttrL. secortdor subseqlr('nlronuiclion'with} impnsonmenl Ior Q lsnn^{uthich nl(ty ?'xleid ro tu'o yearsondwith firte} @hich ttalJ^{extend to lhreethousQtrl ruJ)ees}

¶1339

21- Pl:rrishmeftt for^{s.ttoki^g i^ certainplaces' tI)} Whoeuer contr.luenes the^{piuisions ofsecl@n 4shatt be purushabkz toitlt line} tulrich mag e-xlend^{to awo hundredruPee s-}

¶1340

(2) An offence under^{this sectlonshall be cotry)oundableandshall be} 'tried suimanlg in accordance utith the procedure prouded for summary trials in the^{Code ofCr.mir.olPro(Edure, 1973(2 of 1974L}

¶1341

lO. On earlier occasions,^{identical issues to the cases on hand'} came up for consideration^{beforc this Court in W'P No-3202 of 2Ol4} and batch,^{W P-No- 14093 of2011, W P No'4942of2Ol2' and} W.P.Nos.22O6O^{ot 2Ol7 and 232 l3 o{ 2017}

¶1342

I 1. In Writ^{Petition No.32O2 ot 2Ol4 and batch' thisCourtdealt} withaSimilarsittrationwhercthepolicewercinterferingwiththe business activities^{of the petitionersthcrein, in serwingflavoured} hookah in their^{coffec shops.Dealing with the said aspectand also} taking into consideration^{various provisionsof the COTPAct' the} petitioners cases^{wererejected, holdingas under:}

¶1343

"16. Insofor o.s the^{inlerference of the policeare concerneditis} perlinenttto^{(ote thclt the prouisiottso/ Secttoal2 of lhe COTPAcL confer} powers to thc poli@ not belou^{the rank of Sub Inspe<7orof Pohceor ang} offtcer of lhe Stc.te^{Food or Dnq Ad:,i.ir.(tr,,.tionor ottgotlerofrtcer'} holding the eEliualett^{rank belftgaotbelow thcrank of SubInspector of} Police authonzPd^{bg the Central Govsmtnenl or bg lhe S'qte(iouemmenl'}

¶1344

¶1345

A.-.d

¶1346

malJ, tf lte ,u1s afilJ reasott to suslrcct lrrat ang provisiort oI t11|s Ad ltos bee or ts beirrg cot(rauened, enler and seatrch irt-the matvv,r 1)rcscnbed at ang reasonaUe lwrc at factory, builditg, business or anA other plocc

¶1347

17ha tL.e light of trus prouision and *clion 149 Cr.P.C., ttp .cnlentrcn of lhe leamed Counsel for Lh.e petilioners that lll]e ocls ol tc Police anauat lo infnngement of fundamental rights, and that tlLe police are tlot the cantpetena auth.ontg, bat 11 is or g the G.H.M.C that c competenl to interlere utith lh., business of e peti8.otr@rs, who are serung Hookhas, does not IatE anA for@.^-Ihe4ore, th)s Court is of thc uiew tlnt uncier Sectton 12 oI the Act and *ction 149 C;.P C., the palrce mcluding llte other authoities as, aulhorized bg bollt Cetirol and Statc Gotx:m tenls haue ample pouers to inspd the business premises oI the petihoiers. [n ahis regard, lll-],- learned C,aun-sel Jor the petltioiers hos Iailed^{Lo pta.:e an!sucltauthoritlJ,'-;nder uhict\theC_H_M,C} ts oilu cornpetenl to inspect the Zrusiness g,\le petitior@rs in seruing Hookoll

¶1348

I A. I^ uieu) of the foregorrg d.sdts.siorl, this Courl i-s of the uiew lt!.t tlE action of tle respndents-police is in accordance with laut and onq tnterkre4ce bg this Court uilh lhe powers of tE polie in thls regard blJ exercising tlu2 pouErs under kction 226 of the Constitutioll of htd.ia, is |ol Luaftonled.

¶1349

Further, the Direcbr Aenelal of Police, Telangarta .Srate, l5 directed lo takt appropriate action agaiflsa-lhA o.lficers Jor ttteir macro,r ut respe.t of the restaurartts being used a.s ltookdh centrcs and also to loke action against lhe nigi-hondEa olds t'=te o!ficers, @ho interfcred tDith the resr/Juronls, which qre being ntn urill@ut there beinq onq dolalions "

¶1350

In W.P.No. 14O93 of 2Oll., a learned Single Judge of this Court referring to the ordcr passed in W.P.No.32O2 of 20 14 and rhe judgment of the Honble Apex Court in Norinder S.Chadha. and

¶1351

¶1352

others u. Municipd.l Cor7,oro:tlon of^{Greater Mumb<ti (supra), held}

¶1353

as undcr:

¶1354

"The facts in W.P.No.3202 of 2O14 and botclt are sarne^atrd sinriiat^{to tlle} Iacls^{asserted in the irlstanturit petition.Funhet,as ngt lA pointedout} bA the respondents there can'l and ought^{no| Io be o bl(rnket dtrPction} against thc respondents Jor s)c)1 direction^{urluallA prcuertts tll€ Police} fiom^{euen ktauingor iauestigati^g u-that is ocLuallA ltoppeningin lLe} nome of Jlawured hookahs. The decision of^{Hort'ble SuprenteCounts} disliaryishable to the Iact situotron of lhis^case, for^{o Cira)laruas} challenged in the reported ctse and the^{legohtgof tlt: Circ:ular uo:;} conidered and decided^whereas in the^{co.se on hand thepragerancl} the cause of actton are on alleged^{interference bU Policeogoinst} llavoured^{hookahs sennngand40 uittedorder or proceedingis placald} on record to examine the legalitA \such^{orderor proceeding-'l'herefore,} haning regard ao tlw uietu taken in ttte convnon^{or(7er doled 27 Ol 2Ol7} in W-P.I'1o.32O2 of 2014 and batcll l arn satisfecl^{thattlLC. instatllurit} petitioo can be dismissed bg adoptirtg tle sarne^reasons.'

¶1355

In W.P.Nos.22O6O of 2Ol7 and 23213^{ot 2017,} a^learned Single Judge of this Court vide order^{dated O2.08.2O17, observcd as}

¶1356

lollows:

¶1357

" 17) The two^{judgments refened} to^{oboue dealt} ulh^{sttu<)liott uthe're} the inteiferente of the^{poficeih ,he business of thepetit@ners n sennng} Jlauoured^{hookah was in challenge. Situatronon hand now is totallg} dillerent and, still verse tt tieu^{of ttenotifcation dated 23052017} tuhici prohibited sentice in smoking^{area or spaceprouded} for^smoking- Admitteclly, hookah is^a Product^{uhichconlains toba$o and @hen ang} product conlains tobacco, tlte^{so.neluts lo be puffed} n o^{non smoking} zote- In uieut of tlte circtlar^{issuedby the Gouemment, seruice of lrook<tlt} euen irl the o-sntokittg^{zone unuld be itnpennissible-}

¶1358

d--d

¶1359

2(.)

¶1360

l3l Il 6 to bc not.d her<. ttlat the eboue seid proui:,-rcn trrilt q)pty if llt. lrctcl/,,^..t,t1tnut tnts .l(t ,oont\ ut,tl tlt. .t)llpe .laop lta.Is s(o,trtO copaciltl ol'-]0 perso s or tnon:. utluch does not ,\con thc]a h.,ok.ltt cttn be freely^{supltlecl ttl (, t\lsL(ttt',tnl} tL,lrcrc selt,tng capa.tlgr rs Ies.S litl]ltt 30 or a holel u'here lhere orc less tluntber of rooms.-

¶1361

L4. As pcr Scction 4 of thc Act, it rhe restaurant has seating ca.pacity of 3O persons or more, a separate provision for smoking area has to bc providad The word l{ookah has not been defined in the COTP Act, Section 3 (k) of the COTp Act deftnes .pm<luction,,_ A rcading of thc said provision would show that the word .produclion,, includes making of cigarettes, cig:..rs, cheroots, beedis cigarette tobacco, pipc tobacco. hookah tobacco, chcwing tobacco, pan masala or any chewing material having tobacco as one of its ingredients (by whatcver name called) or snuff. Therefore, it implies that all the tobacco producrs which are taken with the aid of pi.pe, wrapper or any other instrumenrs would fall within the definition of Section 3(n) of the corP Acr, I[ rhc rcstaurant or coffee shop farirrg within the arnbit of Secrion 4 of the COTP Act, has to provide a separate srnoking zone-^-lhc Governmcnt oi India has issued a notification in the month o[ May, 2O 17, which clearly indicate that no service shall be allowed in a srnoking area or in the space provided for smoking. Therefore, the restaurant owners shall not involve themselves in the ae t of service to their customers, in the prohibited area. Section l2 ot the -Ac! confcrs powers to thc police officcr not below tlrc rank of

¶1362

¶1363

¶1364

Sub-lnspcctor^{of Policc or any o(ficcro[ authorizcdby thc Ccrttral} GovcrnmentorStateGovernmenttosearchthcprcttlists.rially reasonabie time, if he^{suspectsthat thc provistons ol thc Ar:t arc} contravened namely cigarettes^{or any ottrer tobacco products:rre} produced, supplied or distributed^{or whether any advcrtiscmcnt o[} the cigarettes or^{any other tobacco productsare being madeWhile} affecting a search^{and seizure, Section12 of the Act clcarly says' that} the provisions^{of the Cr.P.C. have to be followed'}

¶1365

Having regard to tlte^{above, and taking into considcration'} consistent view^{taken by this Court inthe aforesaid w rit Pctitions'} this Court do not Iind^{any iltegality inpoliceo[ficers' enterttlg into} the premises and searching^{the same; so as to find out whcthcr the} ownerso[therestatrrantshavecontravenedorvtolatedanyo[the provisions of the COTP Act^{and Rulesmade thereundcr'}

¶1366

l6 It is trseful to refer^{andextractArticle 47 of thc Constitutiono[} India, which reads as follows:

¶1367

"47. Irutg ol the State^{toraisct,n.e let'etof,autritlo'ra^dthe} st,.ndard oJ lionng^{qnd to itnProt)e} lxtbtic^{heolt'L-Tle St/lle shall} regord tle rdi.sing of^{thetel,el of nutition and the standanl oI liuinq of its} peopte aad tl@ finpro.r;ment^{of public&r,alth as omong its pi'naryduties} an(1, in^{pc,dtcxll.lr,} the^{State shall endeataurto bringaboul proltibrtionof} the <x,nsumplion except lor^{medicinalpurposesol intoicalutg dr.nks ond} o[ drugs which are injurious to^heollll

¶1368

'))

¶1369

¶1370

t7_ This C()nstrtutr)nirl proyisiorr rrnpro.cmcnt r..l public itcaltir a prr sgrt'ci0c;r lly dcals rvrth Court sltou l<i r.r r /orr. (. t t ,,.. , .'nary dllty o[ the State 'l'hc: .,,,: r,trl! a$ai nst a Cefaullirrg lccal authorig

¶1371

AnJ' irriicle wlr rch rs lrzr::ar_dous or rnjurious ro pubiic health

¶1372

potctt tiai cJangcr to the Isa fr r ndanrentaf crtlzens undcr Articlc 2l ngnt to lifc gu:eranteed to the

¶1373

r t::rd with Art icle 47 and a paramount duty rs cast on thc Statcs and its authoriri leycl of protection tr; hu es to achieve :rn apprapria te man life and I )calth. Furthcr, restrictions Imposcd by law for suppl-Y it nd sen,i serving hookah cannot ng of tobacco pr-oducts includin bc said t Having regarcl to rl.rc p be vrolativc ol. Arricle f 9(I)(g) rr nciplcs conta Constitution tned in Art icle 47 of the tlte State or its aurhorities the sale ot are having righl to regulare tobaq.,, produt.t which centres. Whil rncludes running of hookah c granting licensc lo run rts authoritie tlrc restaurants, tlre Sta te or s must rcsort to sfrict Sc the purpose rutrny of U. uppli.u,r.orra. or. d g.ant o[ licencc, thc Iaw not crDn hi as contained in the rules, djd n any provision for relaxin Pqnilarla g any conditi on. In Vincent ,.garq u- {Inion of tndiq,

¶1374

o bserved that the Hon ble Supreme Court rnalntcDance an<l inrprtr to rank high as vement of public health have these arc indisperrs:rble of the commun to the vcry physical cxistence l9 and on thc better ment of these dcpends the , A'R l9E7 SC 990: (198 7) 2 SCC r., \

¶1375

?_3

¶1376

)

¶1377

burlcling o[ thc socicty oI^s'hich thc^{Corrstituti()tlllrake rsenvts;tgt:d-} Artcnding ro public hcalth is of high prior-rty,

¶1378

Section 4 o[ the COTP Act dc{ines prohibition^{of smoking rn a} public place, [t states that no pcrson shall smoke tn any^public place. Provided that in a hotel having Lhirty rooms or a restauiant having seating capacity of thirqr persons or more andⁱⁿ the^airports, a separate provision for smoking area or^{space may} be^made. Admittedly, the petitioners in all these cases have obtained^{licence to} run the hotels/ restaurants. Section 6 of the^{CO-I'PAct prohibits sale} o[ cigarette or other tobacco p:-cducts to a^{person below thc age of} eighteen years and in an area within a radius^{of onc hundred yards} o[ any educationa.l institution. A conjoin t^{reading of Section6 read} with Section 4 of COTP Act clearly indicaLe smoking^{of tobaccoin any} form is prohibited in public^places like^{Hotcls, Restaurants and} Airports- Rule 4(3) o[ the Rules,^{2OO8,a srnokingarea or space shall} be used only for the pr-rpose of smoking^{and no other service(s) shall} be allowed- A careful reading^{of the above provisions, would indicate} that the Hotels and Restaurants^{u'here normallyfiood is supplied, are} prohibitcd frorn smoking o[ any^{tobaccoproduct, unless a separate} area is made to allow smoking.^{'Itrere [ore, the contcntion o[ the} petitioners that the licence obtained by thcm to^runthe

H otcls / Rcsrauran^{ts also a[lo\r's thern to have smokinfl o[ hookah and} run lrookalr^{ccntresis trot fenziblc}

¶1383

l9- Thr:^{pctitionershavitrq obrainc<l licencc trl runhotcls/} restaurants havc^{to complythc conditionsimposcd by thc Municipal} Corporation,^{whereas Section 4 o[ thc COTPAct' prohibitssmoking} in a public^{place.Therefore, thc conditions irnposedbythe} Municipal Corporation^{[orgranting traclc licenceto runHotels/} Restaurants^{are varyingfrom the conditions that arc incorporatcd} under thc^{provisionsof COTP Act Thc licenceobtaineci for running} Restaurants^{which have the scatiag capaciry of tkrirt-v persons or} more does^{not conferany right to ihe petrtioners to convcrtthe same} as a pla<:c^{of smoking area or to run hookahcentre-}

¶1384

2C-- Aclmittedly,^{in the presentcascs on hand' the petitionershavc} Hote ls/ Restaurants/^{[3ar rs andu'ithout} obtained^{licences ro rlln} specifyirrg^{any areaas srnokingzonc as per thc provisionsof COTP} Act and^{lQulcs madc thereunder, as such they arc n()t having rightto} contend^{that they are emtitled torun thehotels / restaurants as} Hookah ccntres-

¶1385

2l- The Honblc^{SupremeCourt tn Narinder S'Cha'dhatt'} Itfunicipal^{CorltorcLtionol Greater Munbai(supra)' whilc dealing}

¶1386

¶1387

(

¶1388

wrth rhe Condirion 3S(C) ol rhc Circul:rr issucd by thc Bombay

¶1389

Municipal Corporation, obscrved as follou,s:

¶1390

'14 lt uill bc seen that C:ondition 3S{C) of the impugned circalar essenti.allA .eproduces Rute 4(3) of he sa]l.l Rules and ttten adds the tuords 'or onv apparatus de,signed to la.-ilitole sntoking._ Th<. elJect of the added. urords is atat e Hookah @nr.ot be prouided bg the holel. resraurarlt or airporT being an opparatus designed to Jacititate smoking- "

¶1391

We f.nd it diffatt to accept this conte^tion betcouse, { cnrefully reod, Rule 3 deals uith the prohibition of snoking i,t publtc places, ruhich i.s reJerable to &ctio4 4 (maia part) uherects Rule 4 is referabte to ltte prouiso ao Sectlbn 4. Rule 3 would onlg opplg uthere ttere is a totdl prohtbiaion of smoking in all public places as ts clear from Rule 3(t a) uthich makes il inarfrbeni on thc: ourner, propn"ror, t lc. oI a pubhc place to ensure that r.o lrerson smokes in thc.f place_ It is in thlrt @nbrt thet oshlro.gs, malch.es, lighters and other things designed lo Iac^itatesmoking are nol lo be proviclecl in pubtic places Luhere snrclf,ng is prohibited allogelher-.

¶1392

As per Secrion 3(l) of the COTp Act, -public place,, means any placc to which the public have access, whether as of right or not, and includes auditorium, hospical buildings, railway waiting roorn, amusement centres, restaurants, public omces, court buildings, educational institutions, librarrics, public convcyances and the like which are visited by general public but does not include any open space. As per Secriln 3(g| oi the Hyderabad City police Acr, 1348 Fasli (for short "City Police Act"), "public place of amusemenr. mean-s evcry place or house or tent or enclosure or booth or any other

¶1393

¶1394

¶1395

building rvhethcr pcrmanent or tcmporar.,,l ,"vhcre srng:ng, muslc, dancing or an1, divcrsion or garnc and anything givrng amuserlent or the means of carr_ving on the sarue is provided and to which the public are admirtcd either on payment of money or with tlre intention that money may be collected from them on admrssion and shall includc the race course, circus, theatre, music and Cancing hall, billiard room, rymnasium or any other place allotted [<tr strc."r purposcs, As per Secrion 3(hl of the Cit5u police Act, ,,public place of entertainmcnt'' tneans any enclosed. or open place to which the public have access and where any kind of articles or food and drink are supplied for consumption by zrny person or [or the profir of any person owning or having any interest in or managing such place and shall include a rcfrcshment room, tea house, liquor house, boarding house, Iodging house, hotel, tavem or sendhi, wine, ganja, toddy, bhung or opium shops. As per Section 3(i| of the Ciqr police Act, "public place" also includes the place within the prernises or cnclosure of any public building or monumcnts and all places to which the public have access ftrr drawing water, washing or bathing or for the purpose o[ recreation-

¶1396

It is pertinent to state that^.public place. as defined under Scction 3(l) of COTP Act, includes amusement centres, anrl the same is defined in 'public place o[ amusement. under Secrions .](g] of Ciry

¶1397

¶1398

Police^{Act As pcr ChaptcrtlI o[ tirc City Police Act' thc Commisstontt} oI^{Police ishaving power to rssttc rulcs and regulationsfor} prcscrvation^{o[ order' F-urther'as pcr Scction32 of the Ciry Police} Act,^{for enforcemento[ ordcrs undcr Seclion s 22' 23 and 24 o[ thc} City^{Police Act' tfre police olliccrmay arrest any person without} warrant-^{As pcr Section84 of the city Potice Act' police is having} power^{to specify conditions etc ' for obtaining licences and permits'} Sincc^{the City Police Act' conferspowerover the amusemcnt} Centrcs/^{restaurants'which arc defincd as 'pub)icplace'undcrthe} COTP^{Act and as per RuIe 4 cl' thc Prohibition of Smokingin Public} Placcs^{Rules, 2oO8 permission is required specifyingsmokingarea'} In^{vicw o[ the powers being conferredon the Comrnissionerof Police'} undcr^{the City PohceAct' the police arc having powcr to supcrvise} [he^{businessestablishments of the pctitioners and seizc the hookah} centres^{i[ there is any violationof the provisions of the COTP Act'} Thcrcfore,^{toestablistr hookah centres' permissionfrom ttre} concerned^{authoriryha'sto be obtained undertl. e provisionso[ City} Police^{Act' The petitionersshall follow rules and regulationsissued} by the^{Commissionerof Police from time to dme for preservationo[} the Public^order' ,/

¶1399

¶1400

¶1401

2-4 [n vir:..v (]l rhe at)ovc discussion, this Court ts ol tlrc r>prnion lhiit lrnposrng oI r'ertain conditions to run thc Hook;rlr (]r:ntrcs *.orrlcl mcet thc cntls o[ lusticc.

¶1402

i) .,\s Charcoal is being used for serving hookalr in thc t [ookah Ccn(rcs, thc pe titioncrs shall obtain lrcence [rom tlre tr4unrcipal Ccrpor ation as specified under Section 52 I ( I )(b) o[ Grcater I{yderabad Municipal Corporation Act, lg5S-

¶1403

ii) Sincc thc Ilydcrabad Ciry Police Act, 1348 Fasli r:onfcrs power ovcr thc zlmusernent Cen tres/ restaurants which are dcfincd as "public placc" under thc COTP Act and as pcr RLilc 4 of thc Prohibitiorr o[ Smoking in Public Placcs Rulcs, 2OO8 pcrmission is required specifying srnoking area, 'l'hereforc, to establish hookah centres, the petitioncrs sltall obrain ncccss:try pcrmission from the concerncd authoritv under the provisions oi the City Police Act.

¶1404

iii) Thc Hookah Centrcs are prohibited from sen,ing any tobacco product to thc persons below the age o[ eightccn ycars. ['ictorial health-warning labels at the enrrance must be d isplaycd.

¶1405

iv) The respondcnts- police are at liberty to supervise and inspect the Hookalr Ccntres, for any violation o[ rules and regulations, guidclincs or circulars issucd under the provrsrons of the Hyderall:rd t'rry l)olice n ct, I348 Fasli.

¶1406

v) I[ there is :rny violation o[ rhe provisions of thc COTP Act and thc Rulcs rnade thcreunder, the respondents- policc arc at

¶1407

¶1408

libert5r to take appropriate action as per the provisions of the COTP Act.

¶1409

Subject to fulfilling the above conditions and also the provisions of COTP Act, the respondents police are dir€ct€d not to interfere with the business activity of thc petitioners for running Hookah Centres. If thc police are found to act in a highhanded mann€r, the ovsners of the Hookah Centres are at liberty to bring the same to the notice of the Director General of Police / Commissioner of Police, as directcd by this Court in Writ^petition No.32O2 ot 2014 and batch, in which event the saici authority shall forthwith take necessary steps in that regard,

¶1410

Accordingly, all these Writ Petitlons are disposed of

¶1411

Miscellaneous Petitions, if any, penciing in these writ petitions

¶1412

shall stand closed. No order as to costs

¶1413

SD/-A.V.S. PRASAD ASSISTANT REGIST/AR

¶1414

//TRUE COPY//

¶1415

sEcroN o1!,"r*

¶1416

To 1. The Principal Secretary, Home Dcpartment, Secretary Home Department, Secretariat Buildings, Saifabad, Hyderabad

¶1417

TheCommissioner of Police. Basheerbagh. Hyderabad

¶1418

The Station House Officer, Police Stalron Punjagufla, Hyderabad.

¶1419

The S.tation House Offrcer, Ramgopalpet Police Station, Secunderabad, Hyderabad, 5. The C,ommissioner, Greater Hyderabad h,4unicipal Corporation, Taflk Bund road, Hyderabad.

¶1420

The Principal Secretary, Home Department. Secretariat Buildings, State of Telangana at Hyderabad

¶1421

Th€ Director General of Police, Telangana Lakdikapul Police Head Quarters, Hyderabad - 500004, Telangafla

¶1422

8- TheCommissioner of Police, Cyberabad. Gachibowli.

¶1423

The Deputy Commissioner of Polrce. l!4ildhapur Zone, Cyberabad Commssroner offir:e, Ganchibowl.

¶1424

The Statron House Officer, [.4adhapur Police Station, Hyderabad

¶1425

'11. The Deputy Commissioner of Police, Norlh Zone, Secunderabad.

¶1426

The Commrssioner of Police, Cyberabad, Address. Pl21 , Old Mumbar Hwy, Next to Care Hospital 2-48, Sri Shyam Nagar, Telecom Nagar Extension, Gachibowl, Hyderabad. Telangana 500032.

¶1427

13- The Deputy Commissioner of Police, Madhapur, Address. lllT Junction. Beside JNIDB, BHEL Road, Gachibowli, Hyderabad, Telangana 500032.

¶1428

The Assistant Commissioner of Police, Madhapur, Address. tt4adhapur Police Station Premises, Hyderabad, Telangana 500081.

¶1429

The Station House Otficer, Madhapur Police Station, Address. Hitech City Road, Near Camille Albane. Kavura Hills-lvladhapur, Sri Rama Colony, [,4adhapur, Hyderabad, felangana 500033.

¶1430

The Comrnissicner of Police, Banjara Hills. Hyderabad.

¶1431

17- The Station House Oflicer, Narayanguda Police Station, Narayanguda, Hyderabad.

¶1432

-18. The Commissioner of Police, Banjara Hills, Hyderabad.

¶1433

The Station House Offlcer, Narayanguda Police Station Narayanguda, Hyderabad.

¶1434

The Commissioner of Police, Hyderabad, Telangana State.

¶1435

The lnspector of Police, Falaknuma Police Station, Falaknuma, Hyderabad, Telangana State.

¶1436

The Station House Officer, Banjara Hills Police Station, Hyderabad.

¶1437

The Task Force, West Zone, Complex Kalasiguda, Secunderabad.

¶1438

The Assistant Commissioner of Police, Atrids, Hyderabad.

¶1439

The Central Crime Station, Basheerbagh, Hyderabad-T.S-

¶1440

26 The Deputy Commissioner of Police, East Zone, Hyderabad.

¶1441

The Deputy Commissioner of Police, West Zone, Hyderabad.

¶1442

The Deputy Commissioner of Police, South Zone, Hyderabad.

¶1443

The Deputy Commissioner of Police, North Zone, Hyderabad.

¶1444

The Deputy Commissioner of Police, Central Zone, Hydembad.

¶1445

31 The Center Crime Station, East wing Hyderabad, Telangana.

¶1446

The Central Crime Station. Soulh wing Hyderabad, Telangana.

¶1447

The Ceotral^{Crime Station, West winq Hyderabad, Telangana}

¶1448

The Central^{Crrme Station'North wingHyderabad, Telangana}

¶1449

¶1450

35 The Cyberabad Police Commissioner office Old Mumbai, Old Mumbai, Hyw, Next to care Hospital 2 48 Sri shyam Nagar, Telecom Nagar, Extension, Gachibowli , Hyderabad.

¶1451

The Station House Officer, Mokila, Potice Station, NPR Vally, Main Road Janwada .

¶1452

The Assistant Commrssioner of Police, Narsingi, Ranga Reddy District.

¶1453

The Rachakonda. Police Commiserate Office, Gachibowli.

¶1454

The Slation House Officer, Medipally Police Station, Hyderabad.

¶1455

the Assistant Commissioner of Police, Malkajgiri Hyderabad.

¶1456

41 The Director General of Police, Telangana State, Hyderabad.

¶1457

The Commissioner of Police. Rachakonda Commissionerate Ranga Reddy District. 43. The Assrstant Commrssioner of Police, Cyber cell, Cybercrime police Station, LB Nagar Police Station, Ranga Reddy District.

¶1458

The Station House Officer, Cyber cell, Cybercrime police Station, LB Nagar police Station. Ranga Reddy District.

¶1459

The Station l-iouse Otficer, I,4ailardevpatly, Police Station, Hyderaba(j.

¶1460

46 The Assistant Commissioner of Police, Kukatpally, Hyderabad.

¶1461

Two CCs to cP For Home, High Court for the State of Telangana at Hyderabad. lourl

¶1462

48 One CC to Sfl l,4ohammed Astam, Advocate (OpUC)

¶1463

One CC lo Sfl V Brahmarah Chowdary, Advocate (OpUC)

¶1464

One CC to Sri K Ravrnder Reddy (SC FOR GHMC) (OPUC)

¶1465

One CC to Sri T Prasanna Kumar, Advocate (OPUC)

¶1466

One CC to Sri Habeeb Abubakar Athamed, Advocate (OPUC)

¶1467

One CC to Sri l\rohammed A5lam, Advocate (OPUC)

¶1468

54 One CC to Sri OmarA. Pasha. Advocate (OdUC) 55. One CC to S Dida Vrlaya Kumar. Advocate (OPUC)

¶1469

One CC to Sri Mohd Asituddrn, Advocale (OPUC) 57 One CC to Sri SLrjjth Jaiswat, Advocate (OPUC)^'

¶1470

!9 9"" 99^{to Sri Tanaji Pradeep Kumar, Advocate (OpUC)} . 59. One CC to Sn l.Bala lvlohan Reddy, Advocate (OPUC)

¶1471

6a- 6.1 . one One^CC CC to to Sri Mustafa Sfl E-Ramesh^{Basith, Advoc€te Chandra Goud, (OPUC)Advocate (OPUC)} ) 62. One CC to Sri^{K.Ravi Mahender, Advocate (OPUC)} I 63. One^CC to Sri Shaikh^{Chand Ahmed, Advocate (OPUC)} 64. One CC to Sri N/ohd Subhan^{Pasha, Advocate(OPUC)} 65. One^CC to Sri Rajesh^{Maddy, Advocate(OPUC)} 66- One^CC to Sri lr,4.Vinod^{Kumar. Advocale (OPUC)} 67. One^CC to Sri Sattor^{Raghavender Goud, Advocate} to?gcl68. One^CC to Srr tvlohammed^{Abdul Quadeer, Advocate (OPUC)} 69. One^CC to Sri K.Muralidhar,^{Advocate(OPUC)} 70. One CC to Sri Shashank^{Garige, Advocate (OPUC)} 71. One CC to Sri Puppala Maheedhar,^{Advocate (OPUC)} 72. One CC lo Sri Aashir Mehtab^{Khan, Advocate(OPUC)} 73. One CC to Sri Krishna Shanmugam,^{Advocate(OPUC)} 74. One CC to Sri Dalia Pasaari,^{Advocate (OPUC)} 75. One CC to Sri K.Pradeep^{Reddy, Advocate (OPUC)} 76. One CC to Sri Shaikh Chand^{Ahmed,Advocat€ (OPUC)} 77 . One CC to Sri Shreedhar^{Dasari, Advocate (OPUC)} 78. One CC to Sri V.Praveen^{Kumar, Advocate (OPUC)} 79. One CC to Sri Surya Balu^{Mahender,Advocate (OPUC)} 80. One CC lo Sr S.Krishna,^{Advocale (OPUC)} 81. One CC to Sri K.Madhusudhan^{Reddy, Advocate (OPUC)} 82. Two CD Copies SA

HIGH COURT

DATED:1 511112023

e STAI€
1v<br>o 20 N0! 208 ,\o
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oESPAlC

¶1477

COMMON ORDER

¶1478

W.P.NOS:8223OF 2013, 342712015, 457 4212022, 4650512022, 152, 1127, 1809, 1935, 2729, 2735, 2954, 3124, 3758, 3784, 4150, 4297, 4304, 4330, 4s62, 4680, 5084, 5097, 5147,5149,6510, 6523, 71A9, 7297, 74a5, 7504, 7949, 7963, 8117, 8226, 8246,8268, 8498, 8509, 8564, 9558, 10122, 10241, 10425, 1077s, 10814, 11008, 11213, 11463, 12360,12482, 14129, 14134, 15706, 16172, 16A39, 17917, 18351, 18829, 19005, 19051, 19742, 22288, 22292, 22305, 23738, 23892, ?4696, 25044, 25836, 26172, 27223,27761 AND 30952 0F 2023

¶1479

DISPOSING OF THE WRIT PETITIONS

¶1480

WITHOUT COSTS.

¶1481

,:
at)
$ n
),/)
')

Mr. Santhapuram Anil Kumar, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mr. Santhapuram Anil Kumar, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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