The High Court · 2025

Petition Under Article 226 of the Constitution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction, particularly one in nature of Writ of [\/andamus, declaring the action of the Respondents herein interfering with the business of the Petitioner under the name and style of YAARA Cafe situated at Myscape Properties Nanakramguda Kompally serving flavoured Hookah without reference to Rule Law or regulations as illegal arbitrary and contrary to the provisions of COTP Act 2023 and in violation of Art 14 and t St (g) of JhE: Constitution of lndia and consequently direct the respondents to continue their business of serving flavoured Hookah in petitioner busines:; premises without any hindrance or restrictions. Counsel for the Petitioner : SRI OMAR A PASHA Counsel for the Respondents : AGP FOR HOME The Court made the following ORDER THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No. 19887 of 2025 This writ petition is filed seeking the lollowing prayer: "...declaring the action of the Respondents herein interfeing tuith the business of the Petitioner under the name and style of 'YAARA Cafe' situated at Mgscape Properties, Nanakramguda, Kompally seruing Jlauoured Hookah without reference to Rule Latu or regulations as illegal, arbitrary and contrarg to the prouistons of COTP Act, 2O23 and in uiolation of Art 14 and 1919 of the Constitutton of India and consequentlg direct the respondents to continue thetr business o/ seruing Jlauoured Hookah in petitioner buslness premises u-tithout artg htndrance or restrictions... "

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behall of respondent Nos. I to 5. With their consent, this u,rit petition is taken up for disposal.

3. The facts of the case in brief are that petitioner is the Manager f Partner of the Caf6 in the name and style of Yaara Cafe' and is in the process ol serving hookah. The l petitioner is going to serve hookah as per lau, but came to \ know that duc to a wrong interpretation l)y respondent authorit ics, thc term serving hookah is made illegal. Questioning the same, the present writ petition is filed.

4. Heard learncd counse I on either sidt: and perused the recor-d.

5. Upon perusal o[ the record, it is pertinent that petitione r has not ,vet started serving hookzrh in the said cafe and is in the process of setting up the same and that petitioner has approached this Court in a hurried manner by way of this n,rit petition. This Court is of l-he considered opinion that at this premature stage, no orders can be passed in this rvrit petition. Further, a writ petition cannot be decided just on the basis of assurnptions and presumptions s.ithout bringing on record any positive, corroborative evidence related to or in support of his imagination. lt is pertinent to note that the renewal trade license issued by GHMC was given to ()arry on the trade/operation ol Yaara Group of Hotels at premises No.2- lO5/88aa/Ms/G-C, Sy.No.SBaa Myscape. properties Pvt. Ltd., Corporate Office, Nanakramguda, Hydcrabad. Hor'vever, no permission is given to serve hookah in the said lice nsc. The petitioner has not filed any permissions issued by the Government enabiing him to serve hookah in the said Longue ar-rd Caf6. In the common order passed by this Court in W.P.No.B223 ol 2013 dated 15. 11.2023, this Court imposecl certain conditions for serving hookah. Paragraph 24 (iil ol tl-re said order is extracted hereunder for reference: "24.(ii) Since the Hyderabad Citg Police Act, 1348 Fa.sli confers pouer ouer the amusement Centres/ restaurants uhich are defined as "public place" under the COTP Act and as per Rule 4 of the Prohibition of Smoking in Public Places Rules, 2OOB permission is required specifging smoking area. Therefore, to establish hookah centres, the petitioners shall obtain necessary permission from the concerned authority under the prouistons of the Citg Police Act." As per the condition No.2a(ii), the petitioner, in order to establish Hookah Centre, is required to obtain necessary permission from the concerned Authority under the provisions of Cit-y Poiice Act. Admittedly, the petitioner has no permission fr-om the concerned authority under the pro',,ision s of Cit,v Police Act. I I (>. On a perusal ol thc COTP Act, 2OO:], Sub clauses (b), (k) and (n) of Section 3: Definitions, reads as under: 'llt) cigu rctt" irtcltttlt's. - (i) anlt ntll o l' tobocco u'ropped irr paper or bt otlrl other substance not contcti nitq t.ctbucc'r t, (ii) arul roll of' toltacco utrapped in anq substance cortlttirLttq tobacco, which, bu reason of its trltlrcarattce, the tgpe of tobacco usecl irt t lrc: fiLl.er, or its pcrckaqinq ancl labellinq is liltr:/r7 to be offerecl t.o, or purchascd bt1. cottsunters as ciqarette, bttt does rxtt irrcludt lxt'cli. r'heroot cntcl ciglar: (k) productiott, with its grantmatical uaniations and cognate expressions, incfudes the nmking of cigarettes, ciqars, cheroots, beedts, cigarette tobacco, pipe tobctcco, tnokah tobacco, chewing tobacco, pan ntasala or ar-Lg chewing mateial hauing tobacco cts one of its ingredients (by uthateuer name called) or snuff artd shall include-- (i) packing, Iabelling or re-Iobelling, of containers; (ii) re-packing from bulk packages to retail packages; and (iii) the adoption of ang other method to render the tobacco prod-uct mark:table; (n) smoking, nteans smoking oJ'tobacco in anq form u.thether in the fornt of cigarett':, cigar, beedis or otherwise with the aid of a pipe, wrepper or anA other instruments;"

7. Section 4 of the Act stipulates prohibition of smoking in a public place. As per the Statc Amendment of Gujarat, Section 4,A has becn inserted r.r'hich is extracted hereunderJbr rclerence: 5 "Prohibition of hookah bar.-- 4A. Nottuithstanding anAthing contained in this Act, no person shall, either on his own or on behalf of any other person, open or ntn ang hookah bctr in any place including the eattng house. Explancttion.-- The term eattng house shall haue the same meaning as assigned to it by clause (5A) of section 2 of the Gujarat Police Act, 1951 (Bom. XXII of 1951)."

7. I . Similarlv the State of Maharashtra also inserted Section 4A as rvas inserted b-v State of Gujarat. B. This Cor-rrt has taken note of the above amendments carried out bv other States in their respective statutes on the subject u,hich may serve as useful guide

9. Section 6 of the Act refers to prohibition on sale of cigarette or other tobacco products to persons below the l I I age of 1B years and in particular area. 1O. Section 7 of the Act stipulates Restrictions on trade ancl commcrce in, ancl production, s r-rppl-y and distribution of cig:rrcttes anc[ other tobacco products. Sub Clauses of St'ction 7 are as lollos's "7 (1) () (2) No person shal/ corrA otl trucle or conLnterce irt cigarettes or anA othcr tobacco proclucts urr./e-ss eue41 packa.gle of ciqarettes or a.q.!! other tobac'co products sold, supltlied or distriltuted bu him bears thereon, or on its label. the :;pecified utarrLincl. 13) Nct person shall import cillarettes or an.g other tctbacat products for distributic.tn or sttpl.tly for a ualuable consideratiott or for sale in htdio unless euerg package of cigareltes or anA ot.her tobacco products so intported by hint b<:urs thereon, or on its label, the specified tuctntirtg. 4.... (5) h'o person shall, directlu or iruiirectltl, produce, supply or elistribttte citlarettes or aftLJ othr:r tobacco proclucts unle.>^s eue,rtJ pctckoge of ciqarettes or anA other tobacco 1trodtrcts produced, supplied or clistrilrutecl l-,u ltirn irtdicates thereon, or on ils lctbel, the ,,ticotine attd tu.r contents on each citlctrette or cts t.Lrc ca.se ttarl be on other tobacco produr:ts ctl<trtc1 r.t.'ith th.e rnaxintu nt permissible lintits thereoJ': Prouicled thqt the nicotitrc and lar con.tertts sh.all rtot exceed. the ntaxinturir 1;errr r i,s-s ibl e cluantitt1 thereof as mau be prescribecl bu ntles ntade under this Act." 1 1. Section 1 I of the Act reads as [ollo',r's:

77. Testing laboratory for nicotine and tor contents: For purposes o-f testinlq tlt.e rticotine u,t.cl tar con.Lents in cigarettes ctnd artty otlrcr ltLtacco proclucts the Central Gotrcntnu:nt .slrrrll b11 notiJiccrtion in th.e OJJic'icLl Cuzette qrent recoqnition to such testing1 laboratorq as tltat Gouentntent m"ag deem n ecessarA.

12. Section 12 ol the Act deals with Power of entry and search, which reads as under "(1) Any police officer, not belou,t the rank of a sub-inspector or ang officer of State Food or Drug Administration or atlA other offi.cer, holding the equiualent rank being not belou the rank of Sub-lnspector of Police, authorise side by the Central Gouernment or bll the State Gouernment mag, if he has anA reason to suspect that any prouision of this Act hcts been, or is being, contrauened, enter and search in the manner prescribed, at anA reasonable time, any factory, building, business premises or anA other place"

13. Section 13 ol the Act reards as under: ,, Pou.ter to Seize: (1) If ang police officer, not belou the rank of a sub-inspector or ang oJJicer of State Food or Drug Administration or anA other offi"cer, holding the equiualent rank bei.ng not belotu the rank of Sub-lnspector of Police, authoised bg the Central Gouernment or by the State Gouernment, has ang reason to belieue that, - (a) in respcct of ctny package of cigarettes or anA other tobacco products, (b) in respect oJ'ang ctduertisement of cigarettes or anA r.tther tobacco products, the prouisions o/lhis Act haue been, or are being, contrauened, he rnag seize such package or aduertisement rnaterial in the manner prescribed. (2) No package oJ cigarettes or ang other tobacco products or crduertisement mateial seized under clause (a) of sub-section (1) shall be retained by the officer uho seized the pockage or aduertisentent ntctteial lor a period exceeding ninety days front the date of the seizure unless the approual of the Distict Judge, l l s t (. uithin the local limits of whose junsdiction such serzure was made, has been obtainetl for such retention."

14. Section 7 of the Act stipulate s; labcl on any tobacco products with specified u,arnir-rEl. The petitioner nor.r'hcre made submissions to the c.rtent of hookah tobact:o r;ontents that would be served to tl-reir customers The pt:titioner intends to supply hookah uithout an,y brand or label, r.r,hich is against the provisions of Sec:tiorr 7 ol the Act. That apart, if the petitioner is allou t:d to mix any proclr-rct by i.vhichever name it is called gcr re rall-v, ref<:rred as flavoured hookah, without any appro\ra's and u,hether the nir:ctint: ar-rd other contents are permiss;ible and such flavoured hookah is permitted to serve to thr:ir customers, the qr-ralitv checks goes unchecked.

15. It is pertinent herein to reler th<: order ol this Court in W.P.No.8223 of 20 13 and batch clarted 15.1I.2023 and the operative portion is extracted herein for reference:

24. In uiew of the aboue discussion, this Oourt is of the opinion that imposing o,l' certain conditions to run the Hookah Centre:; would meel lhe ends of juslice. 9 i) As Charcoal is being used for seruing l.nokah in the Hookah Centres, the petitioners shall obtain licence front the Municipal Corporation as specified under Section 521(1)(b) of Greater Hyderabad Municipal Corporation Act, 1955. ii) Since the Hgderabad Citg Police Act, 1348 Fasli confers power ouer the amusement Centres/ restaurants tuhich are defined as "public place" under the CO'I'P Act and as per Rule 4 of the Prohibition of Smoking in Public Places Ru/es, 2OOB permission is required specifuing smoking area. Therefore, to establish hookah centres, the petitioners shall obtain necessary permission front the concerned authority under the prouisions of the CitA Police Act. iiA The Hookah Centres are prohibited from seruing any tobacco product to the persons below.the age of eighteen Aears. Pictoial health- u.nrning labels at the entrance must be displayed. iu) The respondents-police ctre at liberig to superuise and inspect the Hookah Centres, for ang uiolation of rules and reglulations, guidelines or circulars issued under the prouisions of the Hgderabad City Police Act, 1348 Fasli. u) If there ts any uiolation of the prouisions of the COTP Act and the Rules nutde thereunder, \ \ r th.e respondents-police are at liberty to take appr<tpiate action as per the prouisions of the COTP Act."

16. After arguing the matter at length, leamed counsel for the petitioner admits that there is no c:rusc of action in filing the present writ petition, at ',his point ol time.

17. In that view of the matter, considering the submissions made by learned counsel for tL,: pctil ioncr, the writ pr:tition is accordingly dismissed. Misr:ellaneous petitions, pending, if anr', shall starrd closed. Horvever, there shall be no order as to c,)sts. SD/\T.qqEENIVASA REDDY I AHSIFTANT REGISTRAR I //TRUE COPY' Hyderabad. [OUT]

1. Two CCs to GP FOR HOtvlE, High Court for the S 2 Oie CC to SRI OMAR A PASHA, Advocate IOPUCI 3. Two CD CoPies TSECTION OFFICER .I elangana at ( To SA TKS % ( oi\ liE S Ta 1/ 8[T 2c25 t! E '_J'" .;: at, -t trA (J )- * HIGH COURT DATED:2910812025 ORDER WP.No.19887 ,:f 2025 DISMISSING THE W.P WITHOUT COSTS. t