Choppara Raju v. The Stdte of. Telangana

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 [\,4andamus declaring the action of the respondents No.1 to 7 in interfering with the petitioners business F3 CAFE situated at H.No. 1-62lKl1l44,4th and Sth Floor, Kavuri Hills, Guttala Begumpet, Jubliee Hiils, Hyderabad as illegar, arbitrary, highhanded apart from being violative of Article 14 and 19 (1) (g) of Constitution of lndia consequently direct the respondents not to the petitioner business F3 CAFE situated at H.No 1-62lKt1144, Floor, Kavuri Hills, Guttala Begumpet, Jubliee Hills, Hyderaba'j' interfere with 4th and 5th IANO:1O F 2025 Petition under Section 1 51 CPC praying that in the r;ircumstances stated in the affidavit filed in support of the petition, the High cotr 1 may be pleased to issue a direction to the respondents No. 1 to 7 not to interr:re with the activities of the petitioner's business named F3 CAFE situated at H.l',Jc 1-621K11144, 4h & 5th Floor, Kavuri Hills, Guttala Begumpet, Jubliee Hills l-lyderabad pending disposal of the writ Petition in the interest of justice. Counsel for the Petitioner: SRI MOHD ASIFUDDIN Counsel for the Respondents: SRI M.SRINIVAS, AGP FOR l(lME WRIT PETITIO NNO:24222OF 2025 Between: M/s L & A Cafe, Situated at Door No. 2-65l SVA/'I00, {ji,/ Arcade, Sy.No.54/A & 54lE Khajaguda Main Road, Circle No.20, Serilir.rgampally, Hyderabad Rep.by its Proprietor [\4r.Dura Lokesh ...PETITIONER AND 1 The State of Telangana, rep by its Principal Secretar7, Home Department, 2 3 4 iri'"3."j,J'::lt": or porice, reransana, Lakrr k;:poor porice ueao Quarters, HYderabad. The Commissioner of Police, Cyberabad. The Deputy Commissioner of Police, lrladhapura, Cyberabad. The Station House Officer, lvladhapur Police Station, Hvlerabad. ..RESPONDENTS Petition under Arlicle 226 of lhe Constitution of lncia praying that in the circumstances stated in the affidavit filed therewith, the l-ligh court may be pleased to issue a writ, order or direction more particularl 7 c'ne in the nature of Writ of [\4andamus direct the respondents herein to al] >tv the petitioner to earmark his designated smoking area as per the COTPA Act and to allow his clientele to use the same as they please as long as they are following the same COTPA Act 2003 in the name and style as M/s L & A Cafe Situated at Door No. 2-65|SVA/100, SV Arcade, Sy.No.54/A & 541E, Khajaguda t\,4ain Road, Circle No.20, Serilingampally, Hyderabad without reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisrons of COTP Act and consequently direct the respondents to permit the petitioner to continue his business of serving flavoured Hookahs in his shop in the name and style as lV/s L & A Cafe Situated at Door No. 2-65|SVA/100, SV Arcade, Sy.No.54/A and 54/E, Khajaguda [t/ain Road, Circle No.20, Serilinga mpally, Hyderabad without any hind rance or restrictions. IA NO: 1 OF 2025 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 with the coffee shop Business of the petitioner running under the name and style as lt//s L & A Cafe Situated at Door No. 2-65/SVA/100, SV Arcade, Sy.No.54/A and 54/E, Khajaguda lt/ain Road, Circle No.20, Serilingampally, Hyderabad in serving flavoured Hookahs to his customers pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: SRI MOHD ASIFUDDIN Counsel for the Respondents: M.SRINIVAS, AGP FOR HOME The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.V.SHRA1/4.N KUMAR WRIT PETITION Nos.3678 and 24222 ol 1r.O25 COMMON ORDER I]eard learned counsel for the petitioners anrl Sri M.Srinivas, learncd Assistant Government pleader for Hor c appearing lor rcspondents. wirrr [rcir consent these writ petitions.rrc taken up ror disposal at the admission stage itself. 2 W. P. No.36lz8 ol 2025 is filcd seeking following I) -: ver: "lo lsst.rr, (t praDer tuit, order or ort)ers pctrti(:rLhtrLA on.e in the nature oJ'Wnt oJ'Mandamus d_eclcting the act ot if the respondents No.l to 7 in interkring wiih the ,.e tioners bu.slness F.3 CttFE s[tuated at H.No.l_b2/K/ j/44,..1,, and-Si Floor, Kctutti HilLs, Guttala Begumpet, .Iu'bk e Hitts, l1yderctbad ,:ts illegal. arbitrary-highictnied apart Ji.trn being oLoLtttiue oJ ArticLes i l ancl 19 I g of Constitutii,, c,/. Indil con.sequentltt direct tlte respondents not to interfer<., tttith Lhe petitioner busine-s.s F.3 CAFE situa.ted at H.No. i 62t h / t / 44, 1th and 5h Fioor, Kauui Hills, GuttalcL Begumpet, Jub rce Hi.lls, llrtdcrnbatl.' 3 W.P.No.21222 of 2025 is filcd seeking following :nrver: "[o i.ssue a utrit. orrler or direction more particu t:t,LU 1ne i! tlte natur,z of Wnt oJ Mantla.mus direct the res lDnLlents heretn to allor.t' the pelitioner to earmark his de ;i lnated smoking crrea, a.s per the COTpA Act ancl to aLlow his cnentele to use the san?e rr-s they p-lease as long ds theA are lllk:tutng the some COTPA Act, 2OO3 in the name ond ;ryle a: .W/ s L ancl A Cc{b ,Srtuatecl at Door No.2-65/ SVA/ 106, SV Arcad.e, Sq.No.S4/A ruttl 54/D. KhajcLglucla Main Road, Circ t: No.20, Sei.lingampctlly. Hgderabacl, uithout rekrence to ruLt cLw or regulations a:; lll.egal ctrbitrary unconstitutional and. car tl o.ry to the proulsions of CO']'p Act and consequently d r e,:t Lh.e re-sponde-nls to permit the petitioner to contiiue his bu;tness of sert,irryl Jlauoured Flookehs in his shop in the name ctc stlJ le as M,/ s. l- ctrul A Ca,fe Situated al Door No.2-65/ SVA1 / ()q -Sy Arc.ul.e, Sy.Nr.'.5,i/A an.d 54/E, Khajaguda Matn Roa . CircLe No.20, .Seilirylarttpallg, Hyderabad uithout ang hintl,:uu:e or rc.slnclions. " L- f,-.EaEq?rI?*,.-.!:Fr5$(E.5r.'[email protected] " ,.-rrl v f ?-al ,-] \. -

4. Brief lacts stated in these \('rit petilions are LhaL petiLioncrs are running a cale in the subject premises and arc having licctlsc to (:2rrr1 out the business of cald/restaurant and as a part ol busirlcss, pctitioners also offers food and beverages, ancl also intends to offer flavourecl hookah services to the customers as per trorms and conditions. Pctitioners are also havirrg Lrade liccnses lrorn tl'rc (lllMC and also liccnse from Lhe Governme nt of 'lelangarla ["ood Sar lctr ai'rcl Stanclards Authority of India. It is submitted that rcspoudent auLhonlics had intcrfercd r.vith thc busincss of the petitiorlt]rs zrtlcl not erllou.ing to run lhc business. Questioning thc srtrne tllr--sc $ rit petilions are Iiled. Leanted counsel lor the pelitioncrs sLlblli[s thal this Court uide common order dated 15.11.2023 in W P No 8223 ol 20 13 and baLch, passed the following order: "2,1. In uieu of the aboue discussion, this Court is ctf tlrc c.tpirtiort that imposing of certain conditions to run the Hooko lt (\:tt lrcs uould m.eet the ends of justice. As Charcoa! s being used for seruing hookull itt lhe i) Hookah Centres, the petitioners shall obtain licence Jrom the Municipal Corporation as specrfLed unclcr Sc;c liort 52 1 ( 1)(b) of Greater Hgderttbad Municipal (;ttrpctratitttt Act, 1955. Since the Hyd.erabad Citg Potice Act, 1348 F-asli ccntJers power ouer the amusement Centres/ resttLurartls rttlt[ch ore deJined as "public place" under the COTP Act oncl as per Rule 4 of the Prohibition of Smoking in Public Plo<:es Rules, 2OO8 pennission is required specfginlt smok-in17 area. Therefore, to establish hooktth cenlres, llrc petitioners shall obtain necessary pemttssion frt:m the con.cented authoity un.der the prouisions o-l' rhe Citll Police Act. T'trc Hookah Centres are prohibited from seruing anq tobacco product to the persons belout the age o-[ eighteen years. Pictoial health-uarning labels at the entrQnce must be disPtaged. Tlte respondents-police are at lbertg to superutse und inspect the Hookah Centres, for any uioltttiotr ttJ'ntle's rtrtcl regulattons, gud.elines or circulars issued unde:r tLte n- Prouisions of the HAderabad City Potice Act, l31t] Fosli iu) ii/ - u) A'there ts anu uiolatlon of the prouis[ons of tl' , )OTP Act and the Rules mcLde lhereunder, tlrc respon.'. e.,'tts-police are ot llbertg to take appropriate action (.s per the prouis:ions of the COTP AcL

25. Subject tct fulfilting the aboue conditions anrt ctlso the prouisictns ()t'CO'I'P Act, the respondents potice are )tr?cted not to inLerJbre tulLh tlrc busine.ss actiuitg of the pe tioners for running HookcLh Oentres. If the potice are found t) act in a highhonded tnurLrLer, the ou-n'ters of the Hookoh Ce)Itr?s are at libeftg to bring the same to the notice of the Directo; C eneral of Police/ Comnt.issi.on.er of PoLice, c.rs directed by this Cc u4 in Writ Petition No.il202 of 2O14 ond batch, in which euer.t the said outhoity sholl forthtuith take necessary steps tn thal 'egard. 26. Accordirqlll. ctll these Wit Petitions are disposed r,1."

5. The case of tire pctitioncrs is that though they h ave obtained all necessary permissrons from various authorities to r u n the business and in spite oi the common order dated 15. 1 1 2123 passed 1n W.P.No.8223 of 2013 and batch, the respondent authorities are interfering in thcir busir-rcss

6. Recording the submission made by the learne rl counsel appearing on cither sicle :lncl in tenns ol Common order cL.rted 15.11.2023 in W.P.No.8223 ol 2013 and batch, these writ pctiti:ns are disposcd of leaving it open tc [he rcspondent authorities to pass ,:ppropriate orders, if any reprcsentaLio11 are made by the petitioners

7. Misccllancons applicalions, if any pending, shrLl. stand closed. No order as to costs ,TRUE COPY' i '. ' ,,\ SD}.F,. PONNA KRISHNA ,/ ./,,ebsts'reur REGISTRAR t7 tq sicrtot't oFFlcER \ \l To, 1 The Principal Secretary, Home Department, Seliq/ari:t' Hyderabad' State of Telangana. \ l. The Director c;eneral of Police, Telangana, Lakdikapoo l)olice Head Quarters Hyderabad.

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

3. The Commissioner of Police, Commisionerate, Cyberabad District 4. The Special operation Team, cyberabad police commissionerate t\,4adhapur zone, Cyberabad

5. The Deputy Commissioner of Police, Madhapur Zone, Cyberabad 6 The Assistant commissioner of police, Madhapur police station, Hyderabad. 7. The Station House Officer, lVadhapur police Station, Cyberabad District. 8. One CC to SRI MOHD ASIFUDD|N, Advocate [OPUC] 9. Two CCs to GP FOR HOIVE, High Court for the State of Telangana at Hyderabad [OUT] t t '10. Two CD Copies BSR GJP HIGH COURT DATED: 2210912025 ();.. ,.\ t.. 'i 3 rtT 2U5 ? --i:- a_i ./ .'.. I I COMMON ORDER WP.Nos.3678 and 24222 o12025 DISPOSING OF BOTH THE WRIT PETITI()NS, WITHOUT COSTS Lh Lo