The High Court · 2025

The State of Telangana, Represented by its Principal Secretary, Home Department, Hyderabad, T.S. The Commissioner of Police, Cyberabad, Pl21 , Old Mumbai Hwy, Next to Care Hospital 248, Sri Shyam Nagar, Telecom Nagar Extension, Gachibowli, Hyderabad, Telangana 500032. The Deputy Commissioner of Police, Madhapur zone, CgV3 + 9FJ IllT Juction, BFIEL Rd, beside JNIDB, lndira Nagar, Gachibowli, Hyderabad, Telangana 500032. The Assistant Commissioner of Police, Madhapur division, 17, Old Mumbai Hwy, Vinayak Nagar, lndira Nagar, Gachibowli, Hyderabad, Telangana 500032. The Station House Officer, lvladhapur PS, C9QW + XCB, Hitech City Rd, Near Camille Albane Kavuri Hills-Madhapur, Sri Rama Colony, Madhapur, Hyderabad, Telangana 500033. Special Operations Team, Madhapur, DCP Madhapur Zone, C9V3 + 9FJ IllT Juction, BFIELRci, beside JNIDB, lndira Nagar, Gachibowli, Hyderabad, Telangana 500032. ...RESPONOENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances 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 Mandamus, questioning the inaction of the Respondent No. 5 in not considering the Petitioners representation dated 17109t2025 and coming for inspection of smoking area in accordance with the COTPA (Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act), 2003 as well as allowing the Petitioner herein to serve hookah to his clientele in the cafe named "lnferno by HP" having its premrses at 2-74, Guttala Begumpet, Opposite to lndra Valua Madhapur, Hyderabad, TS,500 081. Counsel for the Petitioner: SRI OMAR A PASHA Counsel for the Respondents: SRI G. ANIKETH REDDY, AGP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAIT WRIT PETITION No.28698 of 2025 ORDER: Ileard learned counsel for the petitioner and Sri.G.Aniketh Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 6. With thc corlscnt of the parties, this writ petition is being taken up for tlisposal at the admission stage itself.

2. This writ petition has been filed seeking the following prayer:- "to declnre the innctiotL of the llespondent No.S in not considering llu' Petitioners reprcsentfition dated 17.09.2025 and mming for inspection of xnoking aren in accordnnce ruitlt the COTPA (Cignrettes and Olher Tobacco Products Prolibition of Adaertisement and Regulaiicn of Trnde nnd Conmrcrce, Production, Sripply and Distribtttion Act 2003) ns rpell as aLlozoiug tlrc Petitioner lerehr to seroe hookah to lris clientele in the cnfe nnnted "lnferno by HP" hnoing its premises at 2-74, Guttala Beguntpet, Opposite to Indra Valua Madlmpur, Hydernbnd, TS 500081." 3- Brief facts statcd in tl'ris writ petiiion are that petitioner is a coffce shop rururing under name and style "Inferno by LIP'.",l-raving its premiscs at 2-74, Guttala Begumpet, opposite to Inclra Valua Madhapur, Hyderabad, 500081 The petitioner submits that it had obtained required permits ir-rcluding traclc license and registration certificate from Labour Department, Government of Tclangana. It is further subrr,itted that as pcr the COTPA A-ct, the petitioner' coflee shop has a t{esigneterl space/area for the pulpose of smoking as well as thc sarne is under CCI'V surveillancc. fhc case of the petitioner is tltat on

17.09.2025, petitioner ma.le a representatioil and requestcd respondent No.5 2 to inspect the subject property and permit the petitioner to serve hookah to his customers. However, the same is still pending. Aggrieved by the same, this writ petition is filed.

4. Learned counsel for the petitioner restricts his prayer seeking a direction to respontlent authorities to dispose the petitioner's representation dated 77 .09.2025 and pass appropriate orders.

5. Learned Assistant Government Pleader for Home appearing for respondents submits that if the petitioner's representation dated 17.09.2025 is still pending for consideration; the respondent authorities may be directed to dispose of the said representation and pass appropriate orders in accordance with law.

6. Heard and perused the material available on record. On perusal of the Certificate of Registration issued by the Labour Department, Government of Telangana, it is noticed that the nature of petitioner's business is shown as "Coffee Shop and Restaurant". On perusal of License issued under F$S Act, 2006 by the Food Safety and Standards Authority of India, it is noticed that the food product category to be served at the petitioner coffee shop is classified to ready-to-eat savouries, confectionery, dairy products, bakery products, beverages etc.

7. In the case on hand, it is relevant to refer to the paragraph No.5 o{ the order dated 08."12.2022 passed by this Court in w.p.No.159rt4 of 2022 and the samc is extracted hcreunder:- J "5. There cannol be any dispute with regard to the fact that police have the power to regulate smoking in a public place in the manner specified as provided under Sections 4 & 12 of the Act. In some cases, the owners of the restaurdnts contend that they have licence from GHMC. Though they have a lrade licence fron GHMC, ultimately, as per the power conferred under the Act, it is the respective police who have the authority to regulate and monitor. Further, the object of the Act is to prohibit consumption of cigarette and other tobacco products which are injurious to health and in the larger inlerest of improving the public health, as per Article 17 of the Constitution of India which deals with lhe duty of the State to protect the public health. It is also observed that most of the restaurqnts v,hich obtained trade licence for the purpose of running a reslaur(tnl or cafeteria are converting the same into hookah parlours for running hooknh centres. As per Section 4 of the Act, a separate place is required to be maintained for restaurants which have lhe capacity of 30 seats, that ipso facto will not give any right to the restauront owners to run the hookah parlours. At the place of smohng, except smoking, no other service shall be allowed and if basing on the permission granted for a restouranl, they are only running hookah centres, lhe authorities have a right lo cancel the licence. Invariably, the police have to have constant check and control whelher the concerned are following tha provisions of the Act and the Rules and whether they are displaying statutory and pictorial warning nolices. As per Section l2 oJ the COTP Act, the police not below the rank of Sub-lnspector or any officer of State Food or Drug Administration or any olher offcer. holding the equivalent rank being not below the rank ofSub-lnspector of Police, authorised by the Central Government or by the State Governmenl can inspecl any building. ln view of the same, lhere cannol be any direction j-om this Courl to the respondenls nol lo visit hookah ccntres of the petitioner. It hx come to light that under the guise of ho<tkah parlour, in some cases, they are getting the customers used to lhe other narcolic drugs. Even on that ground also, there should be constant surveillance and check by lhe police. There should be a fine balance from the respondent police where they can only interfere in lhe business when lhere is (t statutory violation or sny incidenls tlrut ore conlrary lo lav, are toking place in the said premises, but under the guise of it, the police just like that cannot hqrass the persons who are running the hookah centres. If there is any high-handed oction on the part of the oficer, the same con be brought to the notice of the higher authorities and the higher authorities shall take appropriate action. The pelitioner shall carmark exclusively q separate area wilh appropriate enclosure in tlrc hotel prenises and no other area or portion of the premises shall be used b1, the customers of the petilioner for smoking hookah. "

8. It is also relevant to refer to the common order dated 15.11,.2023 passed in W.P.Nos.8223 of 2013 and batch, relevant portion is extracted hereund.er:- I ''ii) Since the Hyderabad City Police Act, l34tl Fasli confers power over the emusement (:entres/restaurants tehich are defined as "public place" under the COTP Act und as per Rule 4 of the Prohibition of Smoking in Public Places Rules, 2008 permission is required spectfying smoking area. Therefore, to establish hookah centres, lhe petitioners shall obtain necessary pernission.from the concernecl authority under the provisions of the Ciry Police Act." -I\]

9. Having considered the above facts and circumstances and recording the submissions madc by the learned counsel on either side, this writ petition is disposed of directing the respondent authorities to dispose the petitioner's represcntation dated 77 .09.2025, seeking permission to run his cafe and in the light of order clated 08.12.2022 passed in W.P.No.159,M of 2022 and corunon order dated 1.511.2023 passed in W.P.Nos.8223 of 2013, the respondent autkrrities are directed to pass appropriate orders strictly in accordance with law and cornrnunicate the same to the petitioner. It is made clear that this Court had not expressed any opinion on the merits of the case, it is for the respondent authorities to pass orders for permission strictly in accordance with law

10. Accordingly this writ petitiorr is disposed of. Miscellaneous a nnl irarinnr i f a n v r:r,n rl i n q sha I I stand rlosed. ]iqo-Idgr_a8_tS-eosts. SD/. T.SRINIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Home Department, State of Telangana, Hyderabad, TS. The Commissioner of Police, Cyberabad, P121, Old Mumbai Hwy, Next to Care Hospital 2-48, Sri Shyam Nagar, Telecom Nagar Extensiori, Gachibowli, Hyderabad, I elanoana 500032. Tfo;.0eputy Comm-issioner of Police, Madhapur zone, C9V3 + gFJ lllT ,luctron, BFIEL Rd, beside JNtDB, lndira Nalar, Gachibowli, Hyderabad, Telangana 500032. 2 3 _l

4. :Ttl?llAssislant Commissioner of Police, Madhapur division, 17, OId Mumbai 't{wy, Vinayak Nagar, lndira Nagar, Gachibowli, Hyderabad, Telangana 500032.

5. The Station House Officer, Madhapur PS, C9QW + XC8, Hitech City Rd, Near Camille Albanc Kavuri Hills-Madhapur, Sri Rama Colony, Madhapur, Hyderabad, Telangana 500033.

6. Special Operations Team, Madhapur, DCP MadhapurZone, CgV3 + gFJ lllT Juction, BHEL Rd, beside JNIDB, lndira Nagar, Gachibowli, Hyderabad, Telangana 500032.

7. One CC to SRI OMAR A PASHA, Advocate [OPUC] 8. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 9. Two CD Copies MMT $ PSK I I I HIGH COURT DATED:22 t0912025 \ \ ! ORDER WP.No.28698 of 2025 I I S Y o,J o. 0 2 [[l] 7i]/fi r:". DISPOSING OETHE WRIT PETITON WITHOUT COSS 1-oft\29 @ w 3o'rlu