H.unter Lounge.(Sheesha), Situated at v. 1. The State of Telangana

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 as Hunter ' .Lounge (Sheesha) Situated at, H.No. Plot No 434, Swamy Ayyappa Society, Madhapur, Serilingampally, Hyderabad, Ranaga Reddy District - SOO0B1, Telangana Rep. by its owner, Ranjeet Singh S/o Chhogli, I)lot No 434, Swamy Ayyappa Society, Madhapur, Serilingampally, Hyderabad, Rirnaga Reddy District - 500081 , Telangana, in serving of flavored Hookahs wit rout reference to rule, law or regulations as illegal, arbitrary, u nco nstitulion a I :rnd contrary to the provisrons of COTP Act and consequently direct the Restr;ondents to permit the Petitioner to co'rtinue his business of serving flavoured Hrrokahs in his coffee shop without an,/ hrndrance or restrictions, in the interest o1 j.rstice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r;ir,;umstances stated in the affidavit filed in support of the petition, the High Co rri may be pleased to direct the Respondents more particularly the Respondent Nlo.3 and 4 herein not to interfere with the Coffee Shop Business of the Petitic.rer running under the name and style as "Hunter Lounge (Sheesha)" Situated rt H.No. Plot No 434, Swamy Ayyappa Society, Madhapur, Serilingampally, Hydr:rabad, Ranaga Reddy District - 50008'l , Telangana Rep. by its owner, nanieet Sirr-gh S/o Chhogji, Plot No 434, Swanry Ayyappa Society, Madhapur, Seril ng:rmpatly, Hyderabad, Ranaga Reddy District - 500081, Telangana, - in serving f :rvr)ured Hookahs to his customers, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI A. P. REDDY Counsel for the Respondents: SRI M. SRINIVAS, AGP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No;1,5575 of 2025 ORDER of the .Respondents This writ petition is filed seeking following prayer:- ' j: !::?*. !1, ^r",r1". more particuLarLy the t<espondent No.3 and 4 herein banning and interfering with thi said Business of the petitioner running inrter the'nomi ard styLe ns Hunter Lounge (Sheesha), Situated at H.No.plot No.434, Sutamy loo,rlr:,s."ii:,v:^!I!Wur, seitingampaily, Hyd erabad, Ran{a Reddy Distict, 500081, Telangana, Rep by iti otunir Ranieet Sin{h, S1o Chhogji, Plot N0.434, Swamy Ayyappa Society, 'Madhapur, krilingampally, Hyderllad, naiga-"niaay Disriict, 500081, t eLnngana, tn sen_ting of flauored Hookahs ruithout reference to ntle or regulations as illegal, arbitrary, unconsii.tutioral and contrary_ to the prouisions of COTp Act airi consequently tjirect the l<espondenls to permi t the petitioner to conrinue his Lusiuess of seruing flauored Hookahs in his co[fee shop toithottt nrty hirdrnnce o'r restrictions in the interest of justiie.,' . 2 Brief facts stated in this writ petition are that petitioner is a coffee sh.p running under the name anc.l style of M/s.Flunte-r Lounge, Situated at plttt No.434, Swamy Ayyappa Society, Madhapur, Serilingampally, Hyderabad. It is stated that the petitioner, having acquired the necessary permission from the Government of India, Ministry of Micro, Small ancl Meclium Enterprises and Greater Hyderabad Municipal Corporation, is running the said business from past six year' It is further stated that the said shop is arso serving hooka to the customers. The case of the petitioner is that the respondent Nos.2 and 4 through press, declared that ari hookah centers shourd voluntar y shut down otherwise they will seize equipment and seal the shops. Further case of the petitioner is that the respondent authorities are entering the petitioner,s 1 business prcrnises and are threatening to seize the coIte,: shop matcrial and seal the same. r\ggrieved by the same, this writ petition s rilecl

3. Today r'r'l-rcn tlre matter has been taken up for he a:in11, Iearned counsel for the pctitioner has drawn attention of this Cour I to thc order dated

08.12.2021 rassecl in \4/.P.No.15944 of 2022, relevan, lrortiou is cxtracted hcrcu nd c.r:- "6. 'l tuntglt thc Act docs ttot contemplate any ltcent:e t. ba tnken, itt tlt lrtrger intarcst o.f lle yourtgsters, ruho are uisit ng the hookah cenlra:;, tltt, rcst trqrLt oruncrs slull hnoe a dzfinite pltc for hooknh / smokitq. The rcslnurant outners, who are haoing n se'u:,ate plnce for snrokitrg rrnd for lnokah consumption, shall int'orm lilt sfi 1e to the Station t[ousc O.fficer, so thnt they can haae surl.i'lance on the nctittitics tlnt nre tnking place in the said place aln whe ther the Itusiness is tnrricd out as per tlu norms and the procedt,re laid doutn under the Act. Police under the guise of this, shnll not horass thc persons rtrnnitrg these centers torthout follouing tht' p,ocedure. The officers, tLtho are competent alone can enter the prentisc:;. tf there is any high-handed actlon on the part ol the police, the same th,;ll be brought to the nottce of the higher authorities and they shnll cnr st enEiry into the same nnd take nppropriate action. 7 . Tlu' Writ Petition is accordingly, disposed of. No ortte. ns to costs."

4. Relying on the above, learned counsel lor the petitioner pray this Court to grant libertv to petitioner to make representation roforc the respondent Police and seek permission to serve hookah at his cafe.

5. Sri. M.Srirrivas, Iearned Assistant Governmetri Pleader for Home appearing f,rr responclent Nos.1 to 5 pray this Court to F;tr:s appropriatc order

6. Heard and perused the material available on rec,)rrl. On perusal of the Udyam Registration Certificate issued by the Governrre:-Lt of India, Ministry of Micro, Srnall and Medium Enterprises, it is noticed r hat the major activity 3 of the petitioner is classified as ca(eterias, last food restaurants and other food operation in market stalls. It is further noticed that the Greater Hyderabad Municipal Corporation, under Section 521 and 622 of HMC Act, had only renewed the petitioner's Trade license on 29.04.2025.

7. At this stage, it is relevant to refer to the paragraph No.5 of the order dated

08.72-2022 passed in w.P.No.15944 of 2022 and, the same is extracted hereunder:- -have "5. There cannot be any dispute with regartl to the facr thdt police have the power to regulate smoking in a public place in lhe manner specifiecl as provided under Seclions 4 & l2 of the Act. In some cases, the owner.s of the restaurants contend that lhey huve licence lrom CHM('. .thottgh q lrade licence from GHMC, ultimately, a,s pe, the poir,. tonfcrred under the Act, it is the rcspectiya polita who hai.,: thc atrthority to regulote ttnd monitor. Further, rhc objet.t of the Act i.\ to prohibit Lonsufttption oJ'cigarettc and other tobuct.o prochtcts whic.lt ttrt injurious to health ond in the larger interest o.f improving the pubtic. health, as per Article 17 of the Constitution of Inrlia which cleuls with rhe duty of the Slate to prorecl the public health. It is also observed thar most oJ the restaurants which obtained trade licence for. rhe purp<ts.e o.f running a restaurqnt or cafeteria are converling lhe same into hookah parlours for running hookoh centres. As per Section 4 oJ the Act, a separate place is required to be maintained for restaurants which have the capacity of 30 seots, that ipso facto will not give any righr rc the restaurant owners to run the hookah parlours. At the place of smoking, except smoking, no other service shall be allowed ancl if basing on tie permission granted for a restaurant, they are only running hookah centres, the authorities have a right to cancel the licence. Invariably, the police have te have constant check and control whether the concerned are following the provisions of the Act and the Rules and whether they are displaying statutory and pictorial warning notices. As per Section I2 of the COTP Act, the police not below the rank of Sub-lnspector or any of/icer of State Food or Drug Administration or any other offcer. holding the equivalent rank being not below the rank of Sub- tnspeciror oJ Police, authorised by the Central Governmenl or bv rhe Sure Covtrnment can inspect any building. In view of the samc, therc t.ttnnot be any directionfrom this Court to the respondents not to risit hookoh centres of the petitioner. It has come to light that under the guise oJ hookah parlour, in some cases, they are getting lhe customers used to the other narcotic drugs. Even on tha! ground also, there shoultl be constont suryeillance and check by the police. There should be u finc balance.from lhe respondent police where they can only inter/bre in the business when lhere is a statutory violation or any inci(lenls. thut lre conttory to law are taking place in the said prentises, but under the guise of it, the police just like that connot horass lhe persons who are ./ ,/ 4 runnin,g lhc hookuh cenlres. II there is any high-honartd action on the part ol the o/Jicer. the same can be brought to the nttitr: oJ.the higher author;Iies and the higher duthorities shall take approl r,,tte action. The peliliotler sltall earnnrk exclusively o separale areu with appropridte enclosure itt the hotel premises and no other area (r portion of the premises shall be used by the cuslomers of the petitiont,r for smoking hookolt. "

8. It is also rele'ant to refer to the common order ,[:rted 15.77.2023 passed in W.P.Nos.8223 of 2013 and batch, relevant portion is exha,. ted hcreunder:_ "ii) Since rhc ll;tltrabud Ciry Police Act, 1348 Fasliconfers pou.,er oyer the om senent (;antres/resnurants which are de./inctl ,tl, ,,ptiblic ptocc" rtnder the ( () l'l' ..lct und as pcr Rule I o[ the prohibi,tr,n o/ Smo'king in Puhlic Ploct,,; Rttles. 2008 perni,ssion is rcquired specifying ,nrniing ttrea. Tltt'rtf.ra. t, ttlrthlislt hookah cenlres, the petili,ricrs.sholl obtain tlcccs.; r.t. 1x'rDtis.r'ittn front llrc cottcerned aulhorit.y unlt, llte provisions of the (-it; I'olict, ..ltt. 9 Havrng corlsidcred the above facts and circ ullr stilnces and recording the submissions made by the learned counsel on eithcr srde, this writ petition is disposed of gra.ting liberty to petitioner to make re|r.sentation before the respondent Police, seeking permission to serve hookal :rt his cafe and in the light of order dated 08.72-2022 passed in w.p.No.159#, c,f 2022 and common order datecl 15.77.2023 passed in W.p.Nos.g223 ,ti 2073, respondent authorities are directed to pass appropriate orders strictl' in accordance with law and comnunicate the same to the petitioner. It i; :nade clear that this Court had not exprcssed any .pinion on the merits o' :he case, it is for the respondent authorities to pass appropriate orders for p,s1rnirr1.^ strictly in accordance witl'r l.rw. Neeclless to say that the respor rc :nt authorities shall follow due pr()cedure as contemplated under law befrrr.e initiating any action against tlre pt,t itiorrr..r'. 5

10. Accordingly, rhis writ petition is applications, if any pending, shall stand closed disposed of. Miscellanetrus No order as to costs. D .P. PONNA KRISHNA ISTANT REGISTRAR To ,TRUE COPY// I I SECTION OFFICER Hyoeraoa0 Telangana, Secretariat, 1 The Principal Secretary Home Department, State 2 The Cyberabad Commissionaire, Office at Gachibowli, Hyderabad 3. The Station House Officer, Madhapur, police Station, Hyderabad. 4. The Assistant Commissioner of police, Madhapur, Division Cyberabad 5 The SOT Madhapur' Division cyberabad commissionerate Terangana State. 6. One CC to SRt A. p. REDDY, Advocate tOpUCl 7. Two CCs to Gp for Home, High Court for the State of Telangana at Commissionerate Telangana State Hyderabad. [OUT] B. Two CD Copies MP LS HIGH COURT DA'l-ED:0410912025 ,::'- .- .\: ..\ ? fi sff llzt ORDER WP.Nrr.15515 of 2025 DISPOSING OF THE IA/RIT PETITION WITHOUT COSTS ql2-{ e-b