[ffi ,'il**{, m:* jH Jitii'5" v. 1. The State 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 Writ' Order or Direction more particularly one in the nature of Writ of tvlandamus, to declare the action of the 5th Respondent in not allowing the petitioner to serve flavored herbal hookah to the customers and also obstructing the business activities of the cafe and acting further in contravention of the principles of natural justice' as illegal' arbitrary and it is further prayed that this Honourable court, pending disposal of the writ petition, may be pleased to direct the respondents not to obstruct the business activities of the petitioner and arow them to serve flavored herbal Hookah to the customers of his cafe. l.A.NO:1 oF 2025 Petition Under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petitron, the High court may be preased to direct the respondents not to obstruct the business activities of the petitioner and arrow them to serve fravored herbar Hookah to the customers of his cafe. Counset for the petitioner : SRt SHIV SHANKER TIWARI Counsel for the Respondents : SRI M.SRINIVAS, Acp FOR HOME The Court made the following ORDER THE HONOURABLE Slu lusTICE N'V'SHRAVAN KUMAR WRIT PETITION No .15141 2025 ORDER: This writ petition is filed seeking following Prayer:- " to declare the actron of the 511' Respondent. in not allou'ing the . pelihoner lo sen'e llattol/ed furbnl hooLah b [ht cuslomers and also il't*rci*i ,i l,i'in"' actiaities of the cafe and acting t'urther in contraaention of the pnnciples ot' naiural l,usttce as,illegal' arbitrary *i'tr1t p"tn i' prayed thit thii Honourable Court pending disposal of the urit petition may be pleased to drtect tht re-spondents not to obstruct the business ictiuiiies of the pe titioner, and allow them to ii*,iirr,t"aherbal Hookah to the customers of his cafe'" "

2. Brief facts stated in this writ petition are that petitioner is a coffee shop running under the name and style of M/ s Sky Line' situated at Gundlapochampally, Kandlakoi Village' Medchal Malka jgiri District lt is stated that the petitioner' having acquired the statutory licenses from the competent authorities which includes registration of Food SaIety and Standards Authority of India' Municipal Trade License' Labour License' is running the said business' It is further stated that the said shop is aiso serving hooka to the customers l'he case of the petitioner is that the respondent No'5 uncler Section 7(5) and 21(1) of COTPA Act 2003' registered FIR No 672 of 2025 dated 16.04.2025 against the petitioner and during the investigation visited the subject premises and seized the hookah pots' Thereafter' notice under Section 35(3)of BNSS was issued to the petitioner' It is further stated that petitioner has not violated any of the provisions of COTPA Act 2003 Further case o{ the etitioner is that the respondent authorities are entering the petitioner's P 2 subject premises and arL. threatening to seal the same. Aggrieved b1, the same, this writ pctitiorr is filed 3 Tocla-v r'r'^en the matter has been taken up for hearing, learned counsel for the pctitioner rras drawn attention of this Court to the order dated 08.72.2022 passerd in W.p.No.15944 of 2022, relevant portion is extracted hereunder:- "6. Though the Act does not contemplate any licence to be taken, in lhe larger inleresl of the youngsters, toho are oisiting lhe hookah centres. the restaurait ouners silail.ha* ,'ar7),i''p'i,ri p, noornn I smoking. The restaurant m011s, yho *r. n 1i""g"'ri'i)**, place for smokmg and for haokah consumption, shatt iniorm {he same to the Statiort Ho.ttse officer, so that 'they *r; ir;;d'r;';'i"lt,rn* on th, ::,::i.,.,.::: ,k,,, ,rre, taking ptace in ir" ,ii""luir" r"d rtherher thc oustness t, c.trripd out as ner th.e norms ond f'h, pro,rr),,re laid dotrtt under the Act. police un'cler the g,,ir,, oj'it,,ir,:;;i;";;, hornss tht persons runtltng these cente,rs tuiihout filLou,ing t:lu ptrocedure. The "rti:;,,':,1:: ',:,:'-y',':.'.:t-onc (on t'nter rtr pitniscs. tr ttpn, is nny ntgtFnntrded ,tcrton on lhe part ol thc pori,e, rhre ,n,,,, ,hnrt be brorrgit to the natice of the hsher atttltoiitirs ,ra ,i;r;;r";il";r;,:;;'rrqurry u,to llp samc attd lakt nppropriale actrcn. 7 . Tlp Writ I-etitiorL is accorrlingly, d.isposed of. No order ns to costs.,, 4 Re'lying on the above, learned counsel for the petitioner prav this Court to Srant liberty to petitioner to make representation before the respondent Police and seek permission to serve hookah at his cafe.

5. Sri.M.Srinivas, learned Assistant Goyernment pleader for Home appearing for respondent Nos.1 to 5 pray this Court to pass appropriate order 6 Heard and perused the material avaiiable on record. on perusal of the Registration Certificate issued under FSS Act, 2006, by the Government of Terangana' it is noticed that the kind of petitioner,s business is crassified as petty rethiJpr of sna<:ks/tea shops and the food category to be served at the 3 petitioner's Premises is mentioned as prepared foods and dairy products' It is further noticed that in the Certificate of Registration' issued by the Covernment of Telangana' the nature of business is mentioned as coffee shop' Atthis stage, it is relevar-rt to refer to the paragraph No 5 of the order dated 7. 08.12.2L22passed in W P'No 15944 o12022 and the same is extracted hereunder:- 'un "7 'n" 'oite'io " 5. There cannot be any dispute u'ilh regard.ro the fact that police have rho nnutct-ro resulatc rkt*''g in a pubic place in thc monncr sptcificd ';;;;';;;,';;;;;,1-.4,,tio"'tZ tz ofthe Act' In some cases' the owners of the restaurant, ,owJ;i that they' have licence from GHMC. Though "ili, ui"t" t ir:"de lice'nce t'om GHtulC' ultimately' as per the power ':;'*;;i;;",;;;;",;;-;;;'it is the respective potice who have the :;i;;;;; ,i"i'sa"'" )ni monito'' Futther' the obiect of the Act is to nrohibir consump'io' oi 'igi"t'' and other tobacco products which ar'e i"i,','li"l,:,""," iiltii ona ii rhe larger interest of improuing rlte qu.bljc con"stitution of tndia.which deats with the ';lrff,i;,';'';r;;"'ai i-) duty of the State to p'oi'' tt" pubtic heaith. h is also observed that most of the rutou'on" *hi'i otruin''t trade licenc-e for the purpose' of are converting- the same into hookah running a reslauront o' parlours for running'hooiah cent'es As per Section 4 of the Act' a to be maintained for restaurants which have separate place u "qui"i ipso facto wiil not give any right to the the capacity o7 SO "ot''-'tn"i tne l'io*al' parlour-s At the place of smoking' restaurant owners to except smoking' no other"serv'ice snill te allowed and if basing on the running hookah ;r';;r;t;; ;;'nrca 7o' a 'estau'ant' centres, the authoritietr have a righr ro caniet the licence lm'ariably' the ond control whether the concerned police have '' 'li'"t' are follotuing n' p'o'i'i"nt of the Act arul the Rules and whether they are displayirtg s'o'u'oiy'o"i pi'toriol warning notices As per Seclion l2 "i ri" VCirp 'ltt, the pt'licc not be lo,u' the ran.k of Sub-lnspector or any fficer of Stqle l"oo'; o;1' Drug Adnt,ini.stration or any olher fficer' nor belo'' the rank of Sub-lnspecror of holding the ,qui'ot'ni ''o't\'eiig Police, authorised by lhe iintt al Go'ernmenl or by Lhe State Governmenl can in'pecr any building ln view of the same' there cannot not lo visit hookah be any direction 1'o*-t:ni''Co*' ro'ihe centres of the pet'tion'e'' tt n'as come lo iight that under the guise of hookah parlour, in ,o,in, ,o,u,, thny o,, gitting.lhe customers used to the other narcotic iui' iu'n on that ground also' there should be constant surveillance" ina ,nrrf by the folice. There should be a.fine can only interfere in the police whe.re balance .from *n business *hun thurn is i stitutory violalion. or any incidents that are contrary to law are;i"g pt"i in the sa,id Premises' but under the -guise4lf it the policu 1'st'li'ke that cannot haras.s the persons who are running-flte nooron-'lu'i"i tf there is any high-handed action on the t"*" ian be brought to the notice of the higher )ii'ri,i" offiu', nou' i;o"''ni "'poninit 'nspo'de'ts thev are -onlv .they 'i" ,/ / 4 outhoritie.\,tntl the lifhet aut,horities.sholl tafu appt.()pnote action. I,he pelitioner s.hall earmark ext.l.usirely u .\epttrote 'o,, r,r,irh appropriute enclosure i,n "o. "u'otn", or:ii ur"purtiu,, oy tno ,;r#;r;t,sh.rll be used by the customers ol.the petitionJr for smoking hotel prem,ises ora _t_he - g It is arso 'erevant to refer to the common order dated 75.11 .2o23passed in W.p.Nos.8223 of 20"1,3 and batcl; relevant portion is exkacted hereunder:- ,,ii) Since the Hyderabad City police Act, I 34g Fasli cortJbrs power over the amusement Centres/restaurant., which are i"n"a place,, under the COTp Act an(3s ner Rute 4 of the iiriiOi,irn of Smoking in public places Rutes, 200g permission i, ,rqu:ir"i'rprrtfiing smoking area. Therelbre. to establish.hookah cenrres,ii,o p),i,ion"r., shall obtoitt necessory petmission from the concerned authority under *n proririn:,, o/'the Ciry, P,.tlite Act. " ,,public ^

9. Having considered the above facts and circumstances and recorcling the submissions matle by the rearned counsei on either sic1e, this writ petition . is disposed oI granting liberty to petitioner to make representation before the responclent Police, seeking permission to serve hookah at his cafe and in the ght of order dated 0g.12.2022 passed in w.p.No.159 44 or z022and common er dated 15.11.2023 passed W.P.Nos.8223 of 2073, respondent thorities are directed to pass appropriate orders strictry in accordance with ' Iaw anci communicate the same to the petitioner. It is macle clear that this Court had not expressed any opinion on the merits of the case, it is for the resPondent authorities to pass appropriate orders for permission strictly in accordance with raw. Needress to say that the respondent authorities sharl follow 4q" procedure as contemprated under raw before initiating any action 1n against the petitioner 5

10. Accordingly, this writ petition applications, if any pending, shail stand closed 1S disposed of. Miscellaneous No order as to costs' //rRuE coPY// SD/.P. PONNA KRISHNA NSSiSTATT REGISTRAR 6- SECTION OFFICER Hvderabad.500 004,TelangaTyoerauad, ,. an" Principal Secretary'.Home Department' Telangana Secretariat' State of , +f; 58?,'*?"?'#f."#i"""lice' rela nsana' Lakd ikapul Police Head oua rters' -' :' Ii: 3:fiiiltffii!.ionu' of Pbrice' tvredchar zii"' cv6e'auad Porice' -' C;;["dner officet G:i|li['X.n"",rbad potice Station, Pet 5. The Station House ( "' e;.h";irbud. tr,iledchal Malkaigiri. District. 6 Two ccs to GP FoA''iidME' iilgn court for the State of Telangana at z Ohe CC to SRI SHIV SHANKER TIWARI' Advocate IOPUCI B. Two CD CoPies Gachibowli. Hyderabad. . Hvderabad lOUTl ^' SA GJP W HIGH COURT DATED:0 4l0gt2125 I r--:::1.,.-- ,,r Ii,,1;, 2 E :'EP 2025 ,, li 't ,.; i,. 1:- ORDER WP.No.15141 of 2O2S DISPOSING OF THE W.P WITHOUT COSTS. q