Disposed

Lalas Cafe and Bistro v. The State of Telangana

Telangana HC20 Nov 2023WP/31985/2023

Case brief

AI extract

What is this about?

A Writ Petition challenging police interference with a cafe business serving flavoured Hookahs. The court disposed of the petition in terms of a prior Common Order without granting specific relief on the merits of the ban. No order as to costs.

What did the court decide?

Petition disposed in terms of Common Order dated 15.11.2023 in W.P.No.4650S of 2022. No order as to costs.

Lalas Cafe and Bistro Vs The State of Telangana — Service and Employment | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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MONDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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tt,

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 31985 OF 2023

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Between:

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LALAS CAFE AND BISTRO, Situated at 8-2-2831821J3, Plot Number 569, Road, Number 92, Jubilee Hills, Circle 18, Circle 18 Hyderabad Rep.by its owner, Sarfaraz Khan Sio. Younus Khan Occ. Business, aged about. 29 Years, RL/o. H.No. B-13291N1116, Flat No. 302, JB Lake View, Koth E Sar Colony, Shaikpet, Hyderabad - 500008.

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...PETITIONER

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AND

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

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The Commissioner of Police, Office at Jubilee Hills, Hyderabad

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J. Assistant Commissioner of Police, Jubilee Hills, Hyderabad.

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

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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 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 LALAS CAFE AND BISTRO, Situated at 8-2- 283182lJ3, Plot Number 569, Road, Number 92, Jubilee Hills, Circle 18, Circle 18 Hyderabad Rep.by its owner, Sarfaraz Khan S/o. Younus Khan Occ. Business, aged about. 29 Years, R/o. H.No.8-1-3291411116, Flat No. 3O2, JB Lake View, Koth E Sar Colony, Shaikpet, Hyderabad^- 500008-in serving of flavoured Hookahs without reference to rule, law or regulations as

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illegal, arbitrary, u nconstitutio nal 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.

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lA NO: 1 OF 2023

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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 Petitioner running under the name and style as "LALAS CAFE AND BISTRO, Situated at 8-2-283182u 3, plot Number 569, Road, Number 92, Jubilee Hills, Circle tB, Circle 1g Hyderabad Rep.by its owner, Sarfaraz Khan S/o. Younus Khan Occ. Business, aged about. 29 Years, R/o. H.No. 8-1-3291A11116, Flat No. 302, JB Lake View, Koth E Sar Colony, Shaikpet, Hyderabad - 500008 serving flavoured Hookahs to his customers.

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Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED

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Counsel forthe Respondents: ASST. GP FOR HOME

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The Court made the following: ORDER

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t I

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HON'BLE SRI JUSTICE C.V" BHASKAR REDDY

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trIRIT PETITION No.31985 of 2o23

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ORDER:

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This writ petition is filed seeking the following reliefi-

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"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 Nos.3 and 4 herein banning and interfering with the said Business of the Petitioner running under the name and style LALAS CAFE AND BISTRO, situated at a-2-283182/J3, Plot No. 569, Road No.92, Jubilee Hills, Circle 18, Hyderabad, represented by its owner Sarfaraz Khan S/o Younus Khan, Occ: Business, aged about 29 Years, R/o H.No.S-1-329/A/t/t6, Flat No.3O2, JB Lake View, Koth E Sar Colony, Shaikpet, Hyderabad-SOOoO8, in serving of flavoured Hookahs without reference to rule 1aw or regulations as illegal, arbitrary, unconstitutional..."

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It is the case of the petitioner that he is engaged in the 6usiness of serving flavoured Hookahs. The petitioner is holding a valid registration certificate for running the business in the name and style of Lalas Cafe and Bistro in H.No.8-2283/821J3, Plot No. 569, Road No.92, Jubilee Hills, Circle 18, Hyderabad, Telangana State.

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CVBR, J Wp 3 1985 2023

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The grievance of the petitioner is that tre respondents_ police are frequently interfering with the business activit5r of serving hookah in the designated smoking area in the restaurant and preventing the petitioner from doing his business, without following any due procedure of larv.

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It is the contention of the learned counsel for the petitioner that in similar set of facts and circumstances batch of writ petitions have been Iiled before this Court and this Court, disposed of the said writ petitions uide CorrrrrLon Order, dated 15.11.2023 in W.P.No.465OS of 2022 and batch.

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Learned Assistant Government pleader for Home has not disputed the fact of disposal of the batch of cases.

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In view of the said submissions, this Writ petition is disposed of in terms of the Common Order, dated 15.11.2023 passed by this Court in W.P.No.4650S ol 2022 and tratch. There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending, if any, shall

stand closed.

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To,

SD/- N. CHANDRA^{SEKHAR RAO} ASSISTANT REGI9TRAR //TRUE COPY// SECTION OFFICER

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The Principal^{Secretary Home Department, Secretarial,State of Telangana'} Hvderabad

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z i6" Commissioner of^{Police, Office at Jubilee Hills, Hyderabad} 5. fne Aisiitant^{Commissionerof Police, Jubilee Hills, Hyderabad'}

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+. iii" Stuli.n^{House Officer, Filmnagar, Police Station,. Hyderabad'}

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ti. o"e cc t" snt^{nneEre ABUBAKaR ALHAMED,AdvocatetqPycl} . - , O. i*o CCs to^{ASST. GP FOR HOIrilE, High Court for the State of lelanganaat} Hvderabad. [OUT]

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Trfuo CD^CoPies. Rqk

HIGH COURT

DATED:2011112023

ORDER

I E S]'AIC:
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WP.No.31985 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Lalas Cafe and Bistro v. The State of Telangana

Case brief

What is this about?

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Lalas Cafe and Bistro v. The State of Telangana

Case brief

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