Allowed

New Arabian Sheesha Lounge v. The State of Telangana

Telangana HC10 Sept 2025WP/23427/2017

Case brief

AI extract

What is this about?

A hookah parlour challenged police interference with its flavoured-hookah coffee shop business. Following earlier coordinate bench decisions, the court allowed the petition subject to conditions: signboards, age restrictions, closing time, CCTV recording, municipal licence and police permission, directing police not to interfere upon compliance.

What did the court decide?

Petition allowed; police directed not to interfere with the lawful hookah business subject to the petitioner's strict compliance with the enumerated conditions and COTP Act provisions; no costs.

New Arabian Sheesha Lounge Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

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13217 |

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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WRIT PETITION NO: 23'127 OF 2017

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Between:

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New Arabian Sheesha Lounge, Hookah Parlour (without nicotine and alcohol,) Coffee and cool drink shop, Balapur, Saroomagar, Ranga Reddy Diskict Rep. by its proprietor Habeeb Ali S/o. Habeeb Ali R/o. H.no-8-16/1 Shaheen Nagar Balapur R.R. District.

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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 Oepartment, Secretariat Buildings, Hyderabad

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2 The Commissioner of Police, Rachakonda Commissionerate,

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3 The Circb lnspector of Police, Balapur, Rachakonda Commissionerate, Ranga Reddy, District.

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4 The Station House Ofiicer, Balapur Police Station, Rachakonda Commissionerate, Ranga Reddy, District.

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The Japally Municipality, Ranga Reddy District Rep. by its Commissioner

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...RESPONDENTS

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Petition under Article 226 of llre Constitution of lndia^praying that in the circumstances stated in the afftdavit filed 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 s{at.ted und€r the name and style of^New Arabian Sheesha Lounge Hookah Parbur^(without nkrctine and alcohol,)^Coffee and cool drink shop in serving flavoured, Hookahs without reference to^{the rule,} law or regulations as illegal, arbitrary, unconstitutional and contrary to^the provisions of cigarettes and other tobacco^products CO TP Act and consequently direct the respondents to^permit the^petitkrner to start the business^{of serving}

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flavoured Hookahs in the^{petitioner coffee shopwithc t tany hindrance or} restrictions except under law.

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t.A. NO: 1OF 2O170fi{PMP.^{NO: 28938 OFm17l}

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Petition under Section 151 CPC^{prayingthat in the cir )umstances statedin} the affidavit filed in support of^{the petition,the High court ma , be pleased to direct} the respondents to^{permit the petitioner to startthe businer;rof serving flavoured} Hookahs in^petitioner coffee shop^{without any hindrance,,r restrictionsexcePt} under law^pending disposal of the^{above writ petition.}

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Counsel for the Petitioner: SRI^{MOHD MOINUDDIN}

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Counsel for the Respondent Nos.1 to 4: SRI^{R. LA)OUIIKAiI' H REDDY'} AGP FOR HOME

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Counsel for the Respondent No.S: SRI^{N. PRAVEENKUM/\f'} SC FOR MUNICIPALIT\

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The Court made the following:^ORDER

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.23427 OF 2017

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ORDER:

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This Writ Petition is filed under Article 226 of Constitution of

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lndia seeking the following relief:

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"....fo lssue a writ or qder more particulady in the nature of Writ of Mandamus declaring the action of the reqodents in banning aN intedering wth lhe busrhess of tlle pftioner before it is dadd under the name and slyle of New Arabian Srreesha lourrge llookah Parlour without nicotine and ablpl bffee arrt @l drink shop in *rving tlavoured Hookahs wrthout refercn@ to the rule law q regulations as illegal ahitrary uncongittttional aN @ntary to tlc provisbns of cigarettes aN other t&rca prodtds CO TP Act ard anequently direct the respondents to prmit tle petitioner to siad the business of serving flavoured Hukahs in the petfr.ioner offee shop wittaut any hindrance or restictbns except under law aN pass s.rch ot er order- -.-"

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None appeared forthe Petitioner.

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Heard Mr. R. Laxmikanth Reddy, leamed Assistant

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Govemment Pleader appearing on behalf of respondent Nos.1 to

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Leamed Assistant Government Pleader for the r€spordents

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$bmits that the act of serving Hakah necessari{y implbs tte supply of tobacco products. Hovyever, the nature of the substances being used in the^preparatbn of flavoured t"lookah has not been clearly specified by the petitioner. Apart from certain

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vague assertions,^{no specific particulars have beenumished as} to the^{alleged manner of interferenceby the respondent} authorities.^{However,fairly concedesthat in similar matters this} Court has^{directed petitioners/businessestablishmer ts to comply} withcertainconditions,anduponsuchcontlliance,the respondent^{police authoritieswere directed not to rterferewith} their business^{activities'ln view of the above' h ) prays that} appropriate^{ordersbe passedin the instant matter'}

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I have^{perusedthe materialon record'}

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The^{petitioneris running a restaurant under I te name and} style of^{"New Arabian Sheesha LoungeHookat Parloufand} contends^{that the respondent police authorities' witl out any legal} prescription,^{are interfering with his business of selingflavoured} Hookah.

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7 . ln this^{context,it is pertinent to note tha I a Coordinate} Bench of^{this Court, in W'P' No' 15944 of 2012 decided on} 08.12.2022,^{examined the question as to whetht r a licenceis}

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required^{for running a Hookah cenfer under the pr rvisions of the} Products^{('rohibitionof}

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Cigareftes^{and OtherTobaca} Trade art^ICommere,

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Advertisement^{and Regulation of}

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Vr,

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Production, Suppty and^{Distribution)r'rc[ 2003 ('COTP Act} )^and upon due consideration,^{recordedits conclusion in the following} terms:

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'Though the Act^{d@snot contemplatg any licen@ to be} taken, in the larger^{interest of theyoungders, who are visitirtg} the hakah centes, the restaurant^{owrers dtallhavea} definite^place for^hookah /^{srnoking.The restauantownets'} who are having a *parate^ptace fu^{sttlokitlg aN tor hodeh} consumption,^{shatt inform the same to the StationHoust-} Officer, so that they can^{havesurveillarrceon the aclivities} that are taking^place in^{the said ptace andwhether the} busrhess is canied out^{as per the norms andthe predure} laid down under the^{Act. Police underthe guispof this' dtall} not harass the^persons running^{thesF-@ntrcs w l7pdJt} fotlowing the^{procedure. The offi@rs, wlo are cg,mptent} alone can enter the^{premrses.lf there is any highhaded} action on the^part of the^{potice, thes€,meshall be b@ught to} the notlrce of the higher authorities^{aN lhey sha//cause} enquiry into the^{same and takeawropriale adkn."}

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Furthermore, in an^{analoguesmatter, this Oourt issued} c€rtain directions and, upon^{complianceby the petitioner'} restrained the respondent^{police frorn interfering with the} petitioner's business. For ready reference, the^{relevant directions} are reproduced^hereunder:

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"In the light of the interim or&r^grand by this^{C.owt in} identi@l matters, there^{slpll be an or&r alke in this} matter also^{in the fotlowing terms:}

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lf the^{ptitionerinstalls vkieo cameras,eltlpr} Wn^q cancealed, records^{its operationsand dsundeftakes to} preserve the recudings^{for a minimum} of^fifteendays

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perid, so that the police, in case of suspio ,nff necessity, an replay the fatage and examine' aq ,o wlrcther any undesirable elements^{q youngpers} rns in anflid with law are frequently visiting the^petttt lner's caf€ for hookah, the^ptitioner's cafd may^{be pernti} ted to @try on its operations. Leamed Assistanl Gov€, tment Pleader for Home would suggest that:

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i) The Hookah entres sha// rtof be kepl open beyond 1 1 .0O p.m. for its custotners;

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ii) They must ne@ssarily exhibit the signboirr t that they are Hookah centres; and

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iii) They must also exhibit the notice^boar, that children below the age of 18 are not liabls to be entertained as^guests, even for any other recreational^purpose including consumtt rn of mffee inside the Hookah Centres."

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That apart, a batch of Writ Petitions file,r by^persons

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similarly placed as the^petitioner was considerec in^{W.P. No.} 8223 of 2013 and connected matters, decided^{<t t 15.11.2023,} conceming the operation of hookah centers. The^re evant^portion of the said^judgment is extracted hereunder for rea,J^{I reference:}

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"ln view of the above discusslon, this Court is ' f the opinion that imposing of cedain conditions^{, )} run the Hookah Centres would meet the ends^, f justie.

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n. As Charcal is being used for *rv,r 7 hukh in the Hookah Centres, the^petition,t s shall ofuin liene from the Municipal Corporatl(¹ as spffiftd under S{tion 521(1)(b) of Greak r Hydembad Municipal Corporation Act, 1955.

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ii). Sin@ the Hydenbad City Police Act, 1::9 Fasli @nfers power over the amusemo t Centes/resburanb which are defind as "pulrt c pla@" under the COTP Act and as per Rule 4 ,'f the Prohibition of Smoking in Public Places Rul,?^t, 2008 prmission is reguired speci{ying smoktr 7

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k-<br>

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aru, Therefote,^{to esbblish h@kh @ntres, the '} Ftitioners^{shall ofuin nxesarypermissiafrom-} 'the anemd authority un&r the pruisions of dE City^PoliceAct.

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iii). Tte Hootah^{Centrcs are prohibitdftom} frruing any^{tobaccoptoductta the petsons fulow} the age of eighteen Wrs.^{Pictoial health-warning} labels at Ate entnne^{must fu displapd}

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iv). The rcs@ndenb-police^{arc at litutty b} superuiff aN^{inspstthe Hookah Centrcs,for any} violation of rules and^{regulatiom, guidelinu or} circularc issud^{underthe provisionsof the} Hydentud OtY^{Police Act, 1348Fasli.}

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v). If there^{is any violation of the prcvisionsof} db COn la and^{the Rules made thereuMer, the} rcspndenB-police are^{atlifutty bbke} appopriate^{dctionas per the provisiottsof the} COTP Act.

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Subject to^{futfitting the above conditions and} also the Wovisions^{of COTPAct,the respondents-} poli@ are directed not to^{inbrtere with the} busrness activity^{of the petitionersfor running} Hakah Centres.^{lf the police are found to act in a} highhanded manner,^{the ownersof the Hookah} Centres are^{at tiberly to bring the same to ttt€} notl@ of the^{Director Generalof} Police/Commissioner^{of Police, as directed by this} Coud in Writ^{PetitionNo.3202of 2014 and batch,} in which event^{the said authority shall forthwith} take neessary^{sreps ln that regard."}

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ln view of the^{settled legal principlesdiscussed} hereinabove, and^{there being no distinguishingfeaturesor} exoeptional circumstances^{broughtto the notice of tttis Court} waranting a deviation,^{it is consideredjust and appropriate to}

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dispose of the present writ petition by directing ti : petitioner to

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strictly comply with the following directions.

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i The business place must necessarily e;< ribit the signboard that they are Hookah centres;

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ri. They must also exhibit the noUce bo; rd that children below the age of 18 are not liat e to be entertained as greS, even for an other recreauonal purpose including consurI tion of coffee inside the Hookahk Centres.

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iii. Ihe Hookah certres shall not be kept oper beyond 11.00 p.m. for its customers;

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iv. The Hookah Centres are prohibited from ser /ing any tobacco product to the persons below tl"r age of eighteen years. Pictorial health-warning lab€ s at the enEance must be displayed

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v. If the peUtioner shall install video camer;l ,^either open or @ncealed, records iE operations ; rd shall preserve the recordings for a minimum r f thirty days perkrd, so that the police, in case of s rspicion or necsslty, can replay the footage and ex; 'nine as to whether any undesirable elements or young persons in conflict with law are frequently visiting the petitione/s caf6 for hookah

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tz. As Charcoal is being used for serving hook3 I in the Hmkah Centres, the petitioners shall obtair licence

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ftom the Municipal @rporation^{as specifiedunder} Sdrtion 521(1)(b) of Greater^{HyderabadMun'rcipal} C.orporauon Act, 1955.

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rai. Since the Hyderabad City^{Police Act, 1348Fasli} amusernent confers power over the Crn$es/restauranE which^{are definedas "public} place" under Ere COTP Act and as^per Rule 4 of the Prohibition of Smoking in^{Public PlacesRules, 2008} permission is required specifying smoking area. Therefore, to establish^{hookah centres, the} petitioners shall obtain necessary^permission from the concerned authority under^{the provisionsof the} Cty Police Act.

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iii. TIr- respondenB-police^{are at liberty to supervise} and inspect the Hookah^{Centres,for any violationof} rules and regulations,^{guidelinesor circularsissued} under the^provisions of^{the HyderabadCity Police} Act, 1348^Fasli.

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r. trf there is any^{violation of the provisionsof tlre} COTP Act and the^{Rules made thereunder, the} respondents-police are^{at libertyto take appropriate} action as^per the^{provisionsof the COTP Act'}

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Subject to the^{petitioner'sstrict compliancewith the} conditions stipulated^{hereinabove, and with the provisions of the} Cigarettes and Other^{Tobacco Products (Prohibition of}

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Advertisement and Regulation of Trade an( Commerc,e, Production, Supply and Distribution) Act, 2003 ('t) )TP Act'), the respondent police authorities are directed not o cause any interference in the lawful business activities of ttrr petitioner. ln the event of any deviation by the petitioner, it shal )e open to the respondent police authorities to initiate and purs,r e appropriate proceedings in accordance with law.

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12 With the above direction, this Writ Petition ir allowed. No

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costs.

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Pending miscellaneous applications, if any, shatl ;tand closed.

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SD/. B.REKHA RANI ASI ISTANT REGISTRAR L-

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,TTRUE COPYI

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SECTION OFFICER