High Court · 2025

Ws CAFEMILANO, a partnership firm registered under the partnership Act ( REgn no 3576/2015) with its business place at Plot no. 50 Road No 3 Green Hills Colony Kothapet Sarcomagar Ranga Reddy District Rep by its Managing partner Sri S Rakesh Reddy s/o Jagan Mohan Reddy aged about 27 yrs occ busines . R/o 5-44 Pedda Amberpet Nagar Panchayath Hayathnagar Ranga Reddy District -Telangana State AND

1. The Govemment of Telangana, Rep. by its principal Secretary Home Secretariat Hyderabad

2. The Commissioner of Police, Cyberabad At Gachi Bowli Ranga Reddy Dist 3. The Station House Officer, PS LB Nagar Cyberabad at LB nagar RR Dist ...PETITIONER ...RESPONDENTS 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 direction order or writ particularly in the nature of mandamus while declaring impugned action of the respondents 3 purportedly on the instructions of respondent no.2 in interfering into peaceful /smooth business of petitioners firm CAFEMILANO at Plot No.50 Road No 3 Green Hills Colony Kothapet Saroor -nagar Ranga Reddy District, in the guise of further untenable conditions of their choice in the absence of any rules, as illegal arbitrary discriminatory and violative of fundamental rights of the partners of petitioners firm u/art 19(i)g 19(6) 21 rlw arl 14 and consequently direct the respondent No.1 to regulate the hookah business by appropriate guidelines in the State of Telangana to avoid harassment of respondent. 3. I.A. NO: 1 OF 2016(WPMP. NO: 24916 OF 2016 I Petition under Section 151 CPC praying that in the circ rmstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2&3 to permit the petitioner's firm to c ,rry on the business providing coffee food, edibles and flavoured hukkah t nder the style of CAFEMILANO" at Plot no.s 50 Road No 3 Green Hi I ; Colony Kothapet Saroornagar Ranga Reddy District on any reasonable conditions, till the regulation of hukkah business by the respondent no.1. l.A. NO: 2OF 2O1 P. NO:28171 OF 2016 Petition under Section 151 CPC praying that in the circ rmstances stated in the affidavit filed in support of the petition, the High Court may be pleased to impleadiad the proposed respondent i.e. Station l- ouse Officer PS Chaithanyapuri as respondent no. 4 as proper party in the a r rve writ petition and the WPMP No. 24916/16 and to issue the amended interinr order copy to meet the neds of justice. Counsel for the Petitioner : SRI M.PRAVEEN KUMAR Counsel for the Respondents : SRI R.LAffiIKANTH REOOY, AGr FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITIO N No.20304 OF 2016 ORDER This writ petition is filed seeking for the following relief: 10 issue a diii?c{gnj.Order oi writ pa(icularly in the nature of mandamus while declaring iiDpugned action of the respondent No 3 purportedly on the instruGtions of iGBO6ndent NO '2 in interfering rnto peaceful/smooth busrness of petitioner's:frffiAFEi\itLeNo at Plot No.50, Road No' 3, Green Hills colony, Kffiffii$ia. iOndao, Ranga Reddy District in the gurse of further untenabE condlttliib. of theii choice in the absence of any rules as illegal, arbitrary, digqftmft&ry and-vidative of furrcamental rights of the partners of petitionefs fdliiifdtlr Article 1g(i)(g), 19(6), 21 r/w Artrcle '14 and consequentyrC@lt[F'- fespoodent No.1 to regulate the hookah business by approprhte.li1.i{ilffils 'io',fte. State of Telangana to avoid harassment of respondent NO3.'

2. None appeared for the petitioner I have heard Mr.R.Laxmikanth Reddy, learned Assistant

3. Government Pleader for Home appearing for respondent Nos l to 3' 4. Learned Assistant Government Pleader for Home appearing for respondents submits that the petitioner's establishment is not functional. However this court as an interim granted certain directions. Thereafter, the contest of the petitioner appears to be redressed' Hence, prayed for passing of an appropriate directions ln the instanl case, this Court, after considering the submissions

5. and keeping in view the interim directions issued in similar matters' was pleased to pass an interim order dated 23 06 2016' Pursuant to 2 NTR,J Wp-20304_2016 compliance with the said interim order, the respondent ar- horities have not interfered with the petitioner's business.

6. Upon perusal of the material on record, this Court .totes that an interim order was passed on 23.06.2016 with the follcv ing specified directrons. "ln the light of the inteim order gnnted by this Co, ft in identical matters, there shall be an order alike in this ma'l r also in the following terms. lf the petitioner inslalls video cameras, e:her open or concealed, records its operations and also r, deftakes to preserve the recordings for a minimum of fifteen d; ys period. so that the police, in case of susprb ion or necessity, ( ?n replay the footage and examine as to whether any undesirabl > elements or young persons in conflict with law are frequentt r visiting the petitioner's caf6 for hookah, the petitioner's r af6 may be permitted to carry on its operations. Learned Asslsfant Govemment Pleader fcr Home would suggest that. i) The Hookah centres shall not be kept open beyo d 11 00 p m for fts customers, ii) They must necessa ily exhibit the signboard hat they are Hookah centres: and \ / 3 NTR,J Wp_20304_201 6 iii) They must also exhittit the notice board that children below the age of 18 are not tiabte to be entedained as guesfs, even for any other recreational purpose including consumption of coffee inside the Hookahk Centres."

7. ln view of the fact that the petitioner's grievance stood resolved subsequent to the above interim order, this Court finds it just and proper to make the said interim directions absolute. lt is so ordered- 8. Consequently, the writ petition stands disposed of There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed' d/.T.SRINIVASA REDDY ISTANT REGIST /,TRUE COPY// SECTION OFFICER To,

1. The principal Secretary Home Secretariat, Govem Hyderabad t of Telangana,

2. The Commissioner of Police, Cyberabad At Gachi Bowli Ranga Reddy Dist 3. The Station House Officer, PS LB Nagar Cyberabad at LB nagar RR Dist 4. One CC to SRI M.PRAVEEN KUMAR, Advocate. [OPUC] 5. Two CCs to GP FOR HOME, High Court for the State of Telangana' [OUT] 6. Two CD Copies. BSK PMK f HIGH COURT DATED:2910812025 1t't STAit Or ( J \N [2[ \t\\ {ll i,,' )l i.. '/ | /-/ stlar' ':.?' ORDER WP.No.20304 of 2016 DISPOSING OF THE WRIT PETITION WITHOUT COSTS