F3 Cafe Vs The State of Telangana

F3 CAFE, rep by its Proprietor Konda Saikiran Goud S/o Konda Ravindhar Goud Aged about 34 years, Occ- Business situated at H.No. 1-62lKl 1144, Kavuri Hills, Guttala Begumpet, Nladhapur, Hyderabad.

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.....PETITIONER

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AND

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

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The Commissioner of Police, Lakdikapul Head Quarters, Hyderabad, Telangana.

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The Commissioner of Police, Commisionerate, Cyberabad District.

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4.'The Special Operation Team, Cyberabad Police Commissionerate fVladhapur zone, Cyberabad.

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The Deputy Commissioner of Police, Madhapur Zone, Cyberabad.

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The Assistant Commissioner of Police, Madhapur Police Station, Hyderabad.

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The Station House Officer, Madhapur Police Station, Cyberabad District.

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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 proper writ order or orders, particularly one in the nature of Writ of Mandamus declaring the action of the respondents and their subordinatesⁱⁿ interfering into the business activities of the petitioner without following^due process of law as illegal, arbitrary, discriminatory, violative of Article 14, 19 (t)^(g) of the Constitution of lndia and consequently direct the respondents and^their

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subordinates not to interfere with the business activities of the petitioner being run in the name and style as F3 CAFE situated at H.No. 1-621K11144, Kavuri Hills, Guttala Be1;umpet, IVadhapur, Hyderabad.

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|.A.NO:1 OF 2026

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Petition Under Section 151 CPC praying that in the circumstances stated in the affidavi'. filed in support of the petition, the High Co.urt may be pleased to issue a direction to the respondents not to interfere with the business activities of the petitioners business named F3 CAFE situated at H.No. 1-621K11144, Kavuri Hills, Guttala Ber;umpet, Madhapur, Hyderabad and also not to harass the petitioner in any manne' pending disposal of the writ petition in the interest of justice.

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Counsel for the Petitioner : SRI MOHD ASIFUDDIN

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Counsel for the Respondents : SRI M.SRINIVAS, AGP FOR HOME

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The Court rnade the fotlowing ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT I{YDERABAD

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THE HONOURABLE SRT JUSTICE N.TUI{ARAMJI

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WRIT PETITION No.2888 OF 2o26

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O2"o Februarv. 2O26

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Between:

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F3 CAFE r€p., by its Froprietor Konda Saikiran Goud.

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.Petitioner

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AND

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The State of Telang€rna and Others

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Respondents

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ORDER:

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This Writ Petition is filed undep Article 226 of

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Constitution of India seeking the following relief:

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"....to issue a proper writ order or orders particularly one in the nature of Writ of Mandamus declaring the action of the respondents and their subordinates in interfering into the business activities of tl.e petitioner without following due process of law as illegal arbitrary discriminatory violative of Article 14, 19 (1) (g) of the Constitution of India and consequently direct the respondents and their subordinates not to interfere with the business activities of the petitioner being run in the name and style as F3 CAFE situated at H.No.L62lKlL/44 l{av:uri Hills Guttala Begumpet Madhapur Hyderabad and to pass...."

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Heard learned counsel for the petitioner and

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Mr. M.Srinivas, learned Assistant Government Pleader

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appearing on behalf of respondents. I

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Learned Assistant Government Pleader for the respondents submits that the act of serving Hookah nece,ssarily implies the supply of tobacco products. Howt:ver, the nature of the substances being used in the prepiration of flauoured Hookah has not been clearly specified by the petitioner. Apart from certain vague assertions, no specific particulars have been furnished as to the alleged manner of interference by the respondent auth,rrities. However, fairly concedes that in similar mattr:rs this Court has directed petitioners/business estatrlishments to comply with certain conditions, and upon such compliance, the respondent police authorities were directed not to interfere with their business activities. In vir:w of the above, he prays that appropriate orders be passt:d in the instant matter.

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I have perused. the material on record.

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The petitioner is running cold drinks and a coffee shop under the name and style of^qF3 CAFE" and contends that the respondent police authorities, without any legat prescription, are interfering with his business of serving flauoured^Hookah-

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In this context, it is pertinent to note that a Coordinate Bench of this Court, in W.P. No.15944 of 2022 decided on 08.12.2022, examined the question as to whether a licence is required for running a Hookah center under the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Aduertisement and Regulation of Trade and Commerce, Production, Supply and Distrtbution) Act, 2003 ('COTP Act) and upon due consideration, recorded its conclusion in the following terms:

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"Though the Act does not contemplate any licence to be taken, in the larger interest of the youngsters, who are visiting the hookah centres, the restaurant owners shall have a definite place for hookah / smoking. The restaurant owners, who are having a separate place for smoking and for hookah consumption, shall inform the same to the Station House Officer, so that they can have surveillance on the activities that are taking place in the said place and whether the business is carried out as per the nonns and the procedure laid down under the Act. Police under the guise of this, shall not harass the persons running these centres without following the procedure. The officers, who are competent alone can enter ttre premises. If there is any high-handed action on the part of the police, the same shall be brought to the notice of the higher authorities and they shall cause enqurry into the same and take appropriate action."

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Furthermore, in an analogues matter, this Court issued certain directions and, upon compliance by the petitioner, restrained the respondent police from interfering

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with the petitioner's business. For read5i reference, the

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relevant directions are reproduced hereunder:

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"ln the light of the interim order granted by this Court in identical matters, ttrere sha1l be an order alike in this matter also in the following terms:

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If the petitioner installs video c€urleras, either open or concealed, records its operations and also undertakes to preserve the recordings for a minimum of fifteen days period, so that the police, in case of suspicion or necessity, can replay ttre footage and examine as to whether any undesirable elements or young persons in conflict with law a.re frequently visiting tl-e petitioner's ca-{6 for hookah, the petitioner's cafe may be permitted to carry on its operations. Learned Assistant Government Pleader for Home would suggest that:

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i) The Hookah centres shall not be kept open beyond 11.00 p.m. for its customers;

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ii) They must necessarily exhibit the signboard that they are Hookah centres; and

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iii) They must also exhibit the notice board that children below the age of 18 are not liable to be entertained as guests, even for any other recreational purpose including consumption of coffee inside the Hookah Centres."

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That apart, a batch of Writ Petitions filed by persons

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similrarly placed as the petitioner was considered in W.P. No. i3223 of 2013 and connected matters, decided on 15.1r .2023, concerrring the operation of hookah centers. The relevant portion of the said judgment is extracted

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heretmder for ready reference:

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"ln 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.

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sSd

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i). As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specified under Section 521(1Xb) of Greater Hyderabad Municipal Corporation Act, 1955.

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ii). Since the Hyderabad City Police Act, 1348 Fasli confers power over the amusement Centres/restaurants which are defined as "public place" under the COTP Act and as per Rule 4 of the Prohibition of Smoking in Public Places Rules, 2008 permission is required specitying smoking area. Therefore, to establish hookah centres, the petitioners shall obtain necessarJr permission from the concerned authority under the^, provisions of the City Police Act.

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iii). The Hookah Centreg are prohibited from serving any tobacco product to the persons below the age of eighteen years. Pictorial health-warning labels at the entrance must be displayed

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iv). The respondents-police are at liberty to supervise and inspect the Hookah Centres, for any violation of rules and regulations, guidelines or circulars issued under the provisions of the Hyderabad City Police Act, 1348 Fast.

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v). If there is any violation of the provisions of the COTP Act and the Rules made thereunder, the respondents-police are at liberty to take appropriate action as per the provisions of the COTP Act.

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Subject to fulfilling the above conditions and also the provisions of COTP Act, tJ'e respondents-police are directed not to interfere with the business activity of the petitioners for running Hookah Centres. If the police are found to act in a highhanded manner, the owners of the Flookah Centres are at liberty to bring the same to the notice of the Director General of Police/Commissioner of Police, as directed by this Court in Writ Petition No.32O2 of 2OL4 and batch, in which event the said authority shall forthudth take necessary steps in that regard."

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In view of the settled legal principles discussed

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hereinabove, Ernd there being no distinguishing features or

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',,:4D.d . :.^..l__rit.t::

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exceptional circumstances brought to the notice of this Court warranting a deviation, it is considered just and appropriate to dispose of the present writ petition by direc:ting the petitioner to strictly comply with the following direc:tions.

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f. The business place must necessarily exhibit the signboard that they are Hookah centres;

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ii. They must also exhibit the notice board that children below the age of 18 are not liable to be entertained as guests, even for any other recreational purpose including consumption of coffee inside the Hookah Centres.

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iit. The Hookah centres shall not be kept open beyond 11.00 p.m. for its customers;

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iu. The Hookah Centres are prohibited from serving any tobacco product to the persons below the age of eighteen years. Pictorial health-warning labels at the entrance must be displayed

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u. If the petitioner shall install video carneras, either open or concealed, records its operations and shall preserve the recordings for a minimum of thirty days period, so that the police, in case of suspicion or necessity, can replay tl e footage and examine as to whether any undesirable elements or young persons in conflict with law are frequenfly visiting the petitioner's caf6 for hookah

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ui. As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specified under

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Section 521(1Xb) of Greater Hyderabad Municipal Corporation Act, 1955.

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uii. Since the Hyderabad City Police Act, 1348 Fasli confers power over the amusement Centres/restaurants which are defined as "public place" under the COTP Act and as per.RuIe 4 of the Prohibition of Smoking in Public Places Rules, 2008 permission is required specifoing smoking area. Therefore, to establish hookah centres, the petitioners shall obtain necessarJr permission from the concerned authority under the provisions of tl.e City Police Act.

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uiii. The respondents-police are at liberty to supervise and inspect the Hookah Centres, for any violation of rules and regulations, guidelines or circulars issued under the provisionq,of the HyderSbad Crty

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ix. If there is any violation of the provisions of tl.e COTP Act and the Rules made thereunder, the respondents-police are at liberty to take appropriate action as per the provisions of the COTP Act.

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Subject to the petitioner's strict compliance with the conditions stipulated hereinabove, and with the provisions of the Cigarettes and Other Tobacco Pi.oducts (Prohibition of Advertisement and Regulation of Trade and Commerce,

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Production, Supply and Distribution) Act, 2OO3 (.COTP Act'), the respondent police authorities are directed not to cause any interference in the lawful business activities of t_

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the petitioner. In the event of any deviation by the petitioner, it shall be open to the respondent police authorities to initiate and pursue appropriate proceedings in accordance with law.

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1 i. with the above direction, this writ petition 1S dispc'sed of. No costs.

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Pending miscellaneous applications, if any, shall

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stancl closed

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SD/.MOHD. ISMAIL DEPUTY REGISTRAR

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//TRUE COPY//

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To

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SECTION OFFICER 1. The Principal Secretary, Home Department, riat, State of Telangana

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at H'lderabad.

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The'Commissioner of Police, Lakdikapul^Head Quarters,^Hyderabad, Telangana.

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The Commissioner of Police, Commisionerate,^{CyberabadDistrict.} 4. The Special Operation Team, Cyberabad^{Police Commissionerate Madhapur} zon€,, Cyberabad.

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