High Court · 2025

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 IVIANDAMUS by declaring the action of the Respondents more particularly the Respondent No.3 and 4, herein banning and interfering with the saad Business of the Petitioner running under the name and style . I I O2CAFE, SYN O. 2 1 1 and217A, P N O.60 1, GAN D I PET, PU P PALGU DA, RAJ E N D RA NAGAR, RANGAREDDY, Rep.by its owner, SANTOSH REDDY BERALLY S/o. MADHUSUDHAN REDDY BERALLY Occ Business, aged about 37 years, Exotica Apartment Flat No 503, Prasanth Nagar, Kondapur, PO, Kothaguda, Ranga Reddy Telangana.- in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest of justice. lA 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 Respondents more particularly the Respondent No.3 and 4 herein not to interfere with the Coffee Shop Business of the Petitioner running under the name and style as "I|02CAFE,SYNO.211&217lA,PN 0.601, GANDIPET,PUPPALGUDA, R AJENDRANAGAR, RANGAREDDY, Re p.by its owneT, SANTOSH REDDY BERALLY S/o. MADHUSUDHAN REDDY BERALLY Occ Business, aged about 37 years, Exotica Apartment Flat No 503, Prasanth Nagar, Kondapur, P0, Kothaguda, Ranga Reddy Telangana serving flavoured Hookahs to his customers, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI HABEEB ABUBAKAR ALHAMED Counsel for the Respondents: SRI M.SRINIVAS, AGP FOR HOME The Court made the following: ORDER w, ,?o THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.27261 OF 2o.25 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following reliel ,,....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 IIO2CAFE, Sy' NO.211 and 2l7A ,PNO.6O1, Gandipet, Puppalguda, Rajendranagar, Rangareddy, Rep. by its owner, Santosh Reddy Barally, S/o. Madhusydgab Reddy Berally, Occ.Business, aged about 37 years, Exotica Apartment, Flat No.5O3, Prasanth Nagar, Kondapur, PO, Kothaguda, Ranga Reddy Telangana in serving of flavoured Hookahs without reference to rule, law or regUlations as illegal, arbitrary, unconstitutional and contrary to the provisions of COTP Act and consequently direct the Respondents to permit the Petitioner to continue his business of serving flavoured Hookahs in his coffee shop without any hindrance or restrictions, in the interest ofjustice...."

2. Heard. learned counsel for the petitioner and Mr. M.Srinivas, learned Assistant Government Pleader appearing on behalf of respondents. Learned counsel for the petitioner pleads that seeking

3. a direction to the respondent authorities to permit the petitioner to continue his business on serving flavoured Hookah in his coffee shop without any hindrance ,roo - restriction except under law, this petition has been filed. 2 The respondent police authorities are interfering in the name of regulation and imposing unreasonable restrictions without any lav',,ful authority. Therefore, he prayed for necessary directions.

4. Learned Assistant Government Pleader for the respondents submits that the act of serving Hookah necessarily implies the supply of tobacco products. Hor,rrever, the nature of the substances being used in the preparation of flauoured Hookah has not been clearly specified by the petitioner. Apart from certain vague assertions, no specific particulars have been furnished as to the alleged manner of interference by the respondent authorities. However, fairly concedes that in similar matters this court has directed petitioners/business establishments to comply with certain conditions, and upon such compliance, the respondent police authorities were directed not to interfere with their business activities. In view of the above, he prays that appropriate orders be passed in the instant matter.

5. I have perused the material on record \ \ (' ,,tl 3

6. The petitioner is running cold drinks and a coffee shop under the name and style of "IIO2 Cafe" and contends that the respondent police authorities, without any legal prescription, are interfering with his business of serving Jlauoured Hookah.

7. In this context, it is pertinent to note that a coordinate Bench of this court, in w.P. No.15944 of 2022 decided on 08.12 .2022, examined the question as to rn hether a licence is required for running a Hookah center under the provisions. of the Cigarettes and Other Tobacco Prod.ucts (Prohibition of Aduertiserircnt a"nd Regulation of Trad"e and. Commerce, Production, Supplg and Distribution) Act, 2003 (,coTP Act',) and upon due consideration, recorded its conclusion in the following terms: "Though the Act does not contemplate any licence to be taken, in the larger interest of the youngsters, who are visiting the hookah centres, the restaurant owners shall have a def,rnite place for hookah / smoking. The restaurant owners, who are having a separate place for smoking and for hookah consumption, shall inform the sarne to the Station House Oflicer, so that they can have surveillance on the activities that are taking place in the said place and whether the business is carried out as per the norms and the procedure laid down under the Act. Police under the guise of this, shall not harass the persons running these centres without following the procedure. The officers, who are competent alone can enter the premises. If there is any high-handed action on the part of the police, the same l I : I ! : I I ' I I ! l, 4 f' shall be brought to the notice of the higher authorities and they shall cause enquiry into the same a;rc[ take appropriate action." B. Furthermore, in an analogues matter, this Court issued certain directions at1d, upon compliance by the petitioner, restrained the respondent police from interfering with the petitioner's business. For ready ]:eference, the relevant directions are reproduced hereunder: "In the light of the inteiim order granted by this Court in idcntical matters, there shall be an order alike in this matter zrlso in the following terms: If the petitioner installs video cameras, either open or conccalcd, records its operations and also undertakes to prescrve the recordings for a minimum of fifteen days period, so that the police, in case of suspicion or necessity, can replay the footage and examine as to whether any undesirable eiements or young persons in conflict with law are frequently visitirrg the petitioner's cafe for hookah, the petitioner's cafe may bc permitted to carry on its operations. L,earned Assistant Government Pleader for Home rvould suggest that: i) ii) iii) The Hookah centres shall not be kept open beyond 11.OO p.m. for its customers' They must necessarily exhibit the signboard that they are Hookah centres; and They must also exhibit the notice board that children below the age of 18 are not liabie to be entertained as guests, even for any other recreational purpose including consumption of coffee inside the Hookah Centres."

9. That apart, a batch of Writ Petitions filed by persons similarly placed as the petitioner was considered in W.p. No. 8223 of 2Ol3 and connected matters, decided on \ t a1 5

15.ll.2023,concerningtheoperationofhookahcenters' The relevant portion of the said judgment is extracted hereunder for readY reference: "In view of the above discussion, this Cour't is of the opinion that imposing of certain conditions to run the Hookah Centres would meet the ends of justice. il. As Charcoal is being used for serving hookahintheHookahCentres,thepetitioners shall obtain licence from the Municipal Corporation as specified under- S^ection 521(1Xb) of dreater Hyderabad Municipal Corporation Act' 1955. ii). Since the Hyderabad City.Police Act' l34B Fasli confers power over the amusement Centres/restaurants which are defined as "public ftr.." under the COTP Act and as per Rule 4 of itre prohibition of Smoking in Public Places Rules' 2OOB permission is required specifying smoking area. iherefore, to establish hookah centres' the permlsslon petitioners shall obtain necessary under the irorn the concerned authoritY provisions of the CitY Police Act' iii). The Hookah Centres are prohibited from g any tobacco product to the- persons below "Z*it of Lighteen yi*"' Pictorial health-warning irr. labelJat the entrance must be displayed iv). The respondents-police are- at liberty to and inspect the Hogka-h Centres' for "rp.*i"" of ,.ri"* and regulations' guidelines "circulars issued under the provisions of the ".i "irf"tion Hyderabad City Police Act, 1348 Fasli' If there is any violation of the provisions of v). the COTP Act and the Rrrles made thereunder' the respondents-police are- at liberty to -take action as per the provisions of the ;;.;;;ile COTP Act. 25. Subject to fulfilling th9 a!9ve conditions and also the provisions of COTP Act' the l=potta.t ts-police are directed not to. interfere with the business activity of the petitioners for ."""f"g Hookah Centres' If the police are found "gI - j t i 6 Ci to act in a highhanded manner, the owners of the Hookah Centres are at liberty to bring the sarne to ti-re notice of the Director General of Police/Commissioner of Police, as directed by this Court in Writ Petition No.32O2 of 2Ol4 and batch, in which erzent tl-re said authority shall forthu'ith take necessary stcps in that regard."

10. [n view of the settled legal principles discussed hereinabove, and there being no distinguishing features or exceptional circumstances brought to the notice of this Court warranting a deviation, it is considered just and appropriate to dispose of the present writ petition by directing the petitioner to strictly comply witkr the following directions. i. The business place must necessarily exhibit the signboard that they are Hookah centres; ii. They must also exhibit the notice bc'ard that children below the age of 18 are not liable to be entertained as guests, even for any other recreational purpose including ccnsunrption of ccffee inside the Hookah Centres. iii. The Hookah centres shall not be kept open beyond

11.OO p.m. for its customers; iu. The Hookah Centres are prohibited from serving aly tobacco product to the persons belorv the age of eighteen years. Pictorial health-warning labels at the entrance must be displayed I ,'"i 7 U, If the petitioner shall install video camdras, either open or concealed, records its operations and shall preserve the recordings for a minimum of thirty days period., so that the police, in case of suspicion or necessity; can replay the footage and examine as to whether any undesirable elements '. or young persons in conflict with.law are frequently visiting the petitioner's caf6 for hookah ui. As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specified under Section 521(1)(b) of Greater Hyderabad Municipal Corporation Act, 1955. uii. Since the Hyderabad City Police Act, 1348 Fasli confers power over amusement Centres/restaurants which 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 specifying smoking area. Therefore, to establish hookah centres, the petitioners shall obtain necessary permission from the concerned authority under the provisioirs of the City Police Act. uut. The,respondents-police are at liberty to supervise and inspect the Hookah Centres, for any violation of rules and regulations, guidelines or circulars issued under the provisions of the Hyderabad City Police Act, 1348 Fasli. ix. If there is any violation of the provisions of the COTP Act and the Rules made thereunder, the respondents-police are at liberty to \ f , t : : i I I I B Cr' appropriate action as per the provisions of the COTP Act.

11. Subject to the petitioner's strict comphance with the conditions stipulated hereinabove, and with the provisions of the cigarettes and other Tobacco producrs (prohibition of Advertisement and Regulation of rrade and commerce, Production, Supply and Distribution) Act, 2OO3 (,COTP Act'), the respondent police authorities are directed not to cause any interference in the lawful business activities of the petitioner. In the event of any deviation by the petitioner, it shall be open to the respon.dent police authorities to initiate and pursue appropriate proceedings in accordance with law.

12. with the above direction, this writ petition is aliowed No costs. Pending miscellaneous applications, rf &fly, shall stand closed. //TRUE COPY'/ To, 1 The Principal Secretary Home Department, Hyderabad SRI NIVASA REDDY N OFFICER Te State,

2. The Cyberabad Commissionaire Office at Gachibowli, l'lyderabad 3. The Station House Officer, Narsingi police Station, Gandhamguda, Bairagi Guda, Shivapuri Colony, KK-Colony, Vishnupuri Colony, Subramnyam Colony, Shiva Sai Nagar \

4. The Assistant Commissioner of Police, Narsingi Division Rajendranagar Zone, Cyberabad Commissionerate Telangana State. ltl*,, Y {

5. The SOT Rajendranagar' Division Narsingi The DePutY Commissioner of Police' CommiSsidnerate Telangana State 6 Narsingi, Division, CYberabad' T.oneCCtoSRIHABEEBABUBAKARALHAMED,Advocate.[oPUCl g. Two ccs to GP FOR HOME, High court for the state of Telangana' [oUT] 9. Two CD CoPies BSK BS €7 ( HIGH COURT DATED:2511012025 \ ORDER WP.No.27261 of 2025 (J ( * rl}e 21 il0u If,I * PAT C ALLOWING THE WRIT PETITION WITHOUT COSTS )4- It