In WP.No.475 of 2024, the High Court of Telangana disposed of the writ petition by declaring it covered by a previous order in W.P.No.34245 of 2023. The petition sought permission to run a hookah centre under the Hyderabad City Police Act.
Nil. The petition was disposed of in terms of the order in W.P.No.34245 of 2023.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
TFIE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 475 OF 2024
Between:
Mohd Bilal, S/o Mohd Khaleel, Aged about 27 years, Occ;Business, R/o H.No.19-zt34019911, Kishanbagh, Masudia Masjid, Bahadurpura, Hyderabad, Telangana State.
......PETITIONER
AND
.....RESPONDENTS
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 any Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents not issuing permission to the Petitioner for running hookah center in the name and style as Hookah.Com, Shop No.19-5-311A12511, Kishan Bagh, Bahadurpura, Circle-30, Hyderabad, Telangana State, under the provisions of Hyderabad City Police Act, 1348 Fasli as well as Order dated 15-11-2023 passed in WP.No.3758 of 2O23 and batch, as illegal, arbitrary and violation principles of naturaljustice and consequently direct the Respondents to provide necessary permission to the Petitioner for running hookah center in the name and style as Hookah-Com,
Shop No.19-5-311A12511, Kishan Bagh, Bahadurpura, Circle-30, Hyderabad, Telangana State, under the provisions of Hyderabad City Police Act, 1348 Fasli as well as Order dated 15-11-2023 passed in WP.No.3758 of 2023 and batch by considering the representation dated 15-12-2023.
!.A.NO:1 OF 2024
Petition Under Section't 51 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 to provide necessary permission to the Petitioner for running hookah center in the name and style as Hookah.Com, Shop No.i g-5311A12511, Kishan Bagh, Bahadurpura, Circle-30, Hyderabad, Telangana State, under the provisions of Hyderabad City Police Act, 1348 Fasli as well as Order dated'15-1 1-2023 passed in WP.No.375B of 2023 and batch by considering the representation dated 15-12-2023, pending disposal of main writ petition.
Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED
Counsel for the Respondents : AGP FOR HOME
The Court made the following ORDER
HON'BLE SRI JUSTICE C.V.BHASI(AR REDDY
WRIT PETITION No. 475 of 2024
ORDER:
When the matter is taken up for hearing, learned counsel for the petitioner submitted that the issue raised in this writ petition is squarely covered by the order passed by this Court in W.P.No.34245 of 2023, dated 20.12.2023 and therefore, the present writ petition may be disposed of in terms of the said order. Learned Assistant Government Pleader lor Home appearing for the respondents has not disputed the said fact.
stand closed
SD/. N . CHANDRASEKHAR RAO ASSISTANTREGSTRAR
/ITRUECOPY//
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SECTION FFICER
SA GJP
HIGH COURT
DATED:0810112024
ORDER
WP.No.475 ot 2024
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DISPOSING OF THE W.P
WITHOUT COSTS.
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HON'BLE SRI JUSTICEC.V. BHASI{ARREDDY
WRIT PETITION No.34245of 2023
ORDER:
This writ petitionis filedseekingthe followingrelief: "...to issue a Writ ofMandamusorany other appropriate Writ orWrits, Order or Orders declaringthe action of respondents,more particularlyrespondent Nos.2 to 4 herein innot consideringPermission Application, dated, O4.72.2O23submitted by Petitioner seekingpermission speciSingsmokingareain Petitioner's Restaurantand Cafe i.e., M/s.HASHTAG CAFE LOUNGE inpremisesMunicipal No'3-5-878' Indrani Complex, Narayanaguda,oppositeOld MLA Quarters,Hyderabad-So029pursuant to Judgment of this Court in W.P.No.4304of 2023and batch matters pertaining to Hookahparlour as illegal, arbitrary and unjust and againstto the Principiesof NaturalJustice and Articles 14, 19 and21 of Constitution of India and consequently direct therespondentNos.2 to 4to consider Petitioner'sPermission Applicationdated 04.12.2023 speciffingsmokingarea inPetitioner's Restaurant and Cafei.e., M/s.HASHTAG CAFE LOUNGE inpremisesbearingMunicipalNo 3-5-878, lndrani Complex,Narayanaguda,opposite OId MI-A Quarters,Hyderabad-5OO29 ar,d' pass such other reliefs..."
2
disposing of W.p.No.B2 23 of 2Ol3 and batch has issued the
following directions:
"24. In view of the above discussion, this Court is of the opinion that imposing of certain conditions to run the Hookah Centres would meet the ends of justice.
i) As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licenie from tfre Municipal Corporation as specified under Section 52l(lxb) of Greater Hyderabad Municipal Corporation Act. 1955.
ii) Since the Hyderabad city police Act, 134g Fasri confers power over the amusement Centres/ restaurants which are defined as "public place" under the COTP Act and as per Rule 4 ofthe prohibition of Smoking in public places Rules, 2OOg permission is required speci$zing smoking arca. Therefore, to establish hookah centres, the petitioners shall obtain necessary permission from the concerned authority under the provisions of the City police Act.
iii) The Hookah Centres are prohibited from serving any tobacco product to the pcrsons below the age of eighteen ye€rrs. pictorial health-warning labels at the entrance must be displayed.
iv) The respondcnts police are at libert5z to supervise and inspect the Hookah Cenrres, for any violatio., of.irl.s and regulations, guidelines or circulars issuecl under the provisions of the Hyderabad City Police Acl, I348 Fasli
v) If there is any vioration of the provisions of t].e corp Act and the Rules made thercunder, the respondents-porr". ... at liberty to take appropriate action as per the provisions of the COTp Act.
3
Police, as directed by this Court in writ Petition No.32O2 of 2OI4 and batch, in which event the said authority shall forthwith take necessary steps in that regard. "
4
Act, 1348 Fasli and also asper theprovisions ofthe Cigarettes and Other Tobacco Products(Prohibition of Advertisement and Regulation of Trade andCommerce, Production, Supply and Distribution) Act, 2003 (for short COTP Act, 2OO3) and pass appropriate orders in accordance with law, within a period of four (4) weeks from today, if the petitioner complies with the conditions imposed by this Court in W.P.No.B223 of 2013, dated 15.tt.2023.
JUSTICE C.V.BIIASKAR REDDY
20.t2.2023 rev f tu
1 issue framed by the court
Whether the petitioner is entitled to permission for running a hookah centre based on a prior order in W.P.No.34245 of 2023.
Mohd Bilal
The State of Telangana
The Commissioner of Police, Hyderabad
The Assistant Commissioner of Police, Falaknuma Division
The Station House Officer, Bahadurpura Police Station
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
