The High Court · 2025

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 any Writ, order or direction more particularly one in the nature of WRIT OF MANDAIMUS declaring the action of the Respondents and their subordinates interfering into the business activities of the Petitioner without following due process of law as illegal, arbitrary, discriminator-y. violative of Article 14, 19 (1) (S) of the Constitution consequenlly direct the R€spondents and their subordinates not to interfere with the business activities c,f the Petitioner being rrrn in the name and style as Happi Cafe, situaterd at Sy.No.88AA, Nanakaramaguda, Circle 20, Hyderabad, Telangana State-500008. I.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the c roumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to interfere with the busirress activities of the Petitioner being run in the name and style as Happi Cafe, sittated at Sy.No.88AA, Nanakaramaguda, Circle 20, Hyderabad, Telangana State-500008, and also not to harass the Petitioner in any manner by conside ring the Petitioner's representation daled 14.10.2025, pending drsposal of main rv.rit petition. Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHIIMED Counsel for the Respondents : SRI R.LAXMIKANTH REDDY, AGP FOR HOME W.P.NO:31762OF 2025 Between: VIA NIOKA, Sy No 22214 and 22217, GOVTJANNVADA,, SHANKARPALLE, RANGAREDDY, Rep by its owner, HARJEET SINGH PARIVAFT S/o LATE GURDEV SINGH PARIUAR, Occ. Business, Aged about. 45 years, 4 Thumkunta, Shamir pet lt/andal, Thumkunta, K.V. Ranga Reddy, Telangana. .....PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, -lome Department, Secretariat. Hyderabad.

2. The Commissioner of Police, Cyberabad Commissione'ate, Telangana State 3. The Deputy Commissioner of Police, Rajendernagar Zone, Cyberabad Commissionerate, Telangana State.

4. The Assistant Commissioner of Police, Narsingi Divisior, Janwada Village l\,4ainroad, Shankarpally l\4andal, Ranga Reddy, TS 5011075.

5. The Station House Officer, [Vlokila Janwada Village N,4arnroad, Shankarpally l\,4andal, Ranga reddy TS, 500075. 6 The Special Operation Team (SOT), Rajenderanagar Cyberabad Commissionerate, Telangana State. .....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 any writ, order or direction more particularly one in the nature of WRIT OF IVANDAMUS declaring the action of the Respondents and their subordinates interfering into the business activities of the petitioner without following due process of law as illegal, arbitrary, discriminatory, violative of Article 14, 19 (1) (g) of the Constitution consequently direct the Respondents and their subordinates not to interfere with the business activities of the petitioner being run in the name and style as VIAIVIOKA Sy. No.22214 and 22217, GOVf . JANWADA, SHANKARPALLE RANGA REDDY. l.A.NO:1 OF 2025 Petition Under Sectron '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 not to interfere with the business activities of the Petitioner being run in the name and style as VIAN4OKA Sy No.222t4 and 22217,GOVT JANWADA, SHANKARPALLE, RANGA REDDY and atso not to harass the Petitioner in any manner by considering the Petitioner's representation daled 0711012025, pending disposal of main writ petition. Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED Counsel for the Respondents : SRI R.LAXMIKANTH REDDY, AGp FOR HOME The Court made the following COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAM.JI WRIT PETITION Nos.31747 atd 31762 OF 2025 COMMON ORDER: W.P.No.31747 of 2o25 'I'his Wrii Petition is hied uncier r\rtii:le 226 '.tl Constitution of lndia seeking the follou.ing relief/s:- "...pleased to issue any Writ, order or direction rnore p:rrticularly one irr the nalure of WRIT OF MAI.IDAMTJS declarir.rq |he action of the Rcspondents and ttreir suborcjinatcs interferi|rg into the business activities oI the Petilioner u.ithout folio.,ving due process cI Iaw as illegal, arbitrary, discr.r:rinatory. r,iolatr'.re of Article i4, l9 (1) (g) of the Constitution consequentl-/ direct the Respcndenls zrnd their subordina:es not to interfere with the business activities of the Pet-itioner being run in the name and style as Elappi Cafe. sit-uated at Si\..No.88-{A, Nanak:,ramaquda Circle 20, i.lvderabad, Teiangara State-50G008...... " W.P.No.31762 of 2O2$ 'I'his Wrrr Petition in fileC under Article 226 of Constitution of India seeking the follos.ing relief/s:- "...to issue any Writ, order or direction more pa-rtictt-a'.'1y clc in the nalure oi WRIT OF MANDAMLIIi dcclarring the ar;Lon of the Responder-i[s and their subord]natis interfering, into the business ;rctivities of Lhe PetiLilner .,virhout follcrving due process of law as illegal, ar.bit-rar,... discrinrinatory. violative ol ArLicle 14, 19 (1) (g) o[ the Constitutior] corrsequerllll, lircct the Respondents and their subordinates not to interfcrc with the business aclvities of the Petitioner beingl n-r-n in thc rrame and style as Vf ,.r.l,'ltJKA Sy. No.222/4 and 2)2/7, GOVT. -I/\N\\',{DA, SHANKARPAT,LE RANGA REDDY, , . -., "

2. Heard Mr.llabeeb Abubakar Alhamed, iearnerl counsel for the petilioner and Mr.R.La-smikanth Reddy, learned Assrstant Govemment Pleader for l{orne appeari ng for rcr;p,ondenr Nos. lto6. 1-

3. I-ea::ned counsel for the pelitioners subrnits that the petitioners respective representations dated 07.1O.2025 and

14.1O.2025, addressecl to respondent No.2-the Commissioner of Policr:, seeking pcrmission to operatc a designatcd smoking area in the cafe in compliancc \i-ith the provisions of the Cigarettes and Other Tobacco Products Act, 2O03 (COTPA Actl, }rave not been considered. Hc furthcr submits that a Coordinate Bench of this Court, in W.P. No. i9968 of 2025, by order dated O4.O9.2O25, had considercd similar represcntaLions ald clirected the respondent police authorities to pass appropriate orders. Hence, he pral,s il-rat a similar dire t;lion be issued in the prescnt case.

4. Since the issue involvecl in both these Writ Petitions is identical. they havc been heilrd together and are being disposed of b5 this common order.

5. Learned Assistant Government Pleader for Home submits that the policc aurthoritics have not received the petitioners rpbresentations dated 07.LO.2O21 3nd 14. 1O.2O25, as alleged in writ petitiorr ['lc'u.n::r.r:r', he: subrnits that if such ntations are recei'.,t'tl, the competeni authority will the same ancl pass appropriate orders in accordance . He further srates that he has no objection if such a wr- direction is issued b Y this C,r;rt J I have p,:rused the tnaterial avilila]:ie on record 6

7. The solitary gnevance of the Petitioners is rhat Lheir 14 .1O.2025 :;Lrbmitte d to representations dated 07 lO '2025 and the CommissrorLer of Poiice have ttot order has been Passed thereon' been consiclr:red and no

8. This Courl, in W P' Ntr 19968 of 2O25, having rr:gard Lr" the relevant provisions of the City Police Act' 1'348 F'asli ' had directed the petitioner therein to submit rePresentations to t ir,l competent authority afresh a'nd directed lor p:rssing an ilpproJrr- a"e order tn accordance with law' Ha'''ing regarci to the similaritr of tl-re issue involved in the present writ petition' and there beinl no ob-leclion fromtheresp<lndents,thisCourtlrndsitapproprir,ctoissltea simiiar direction g. Accordingll , the Petitioners are directed to r;ubmit lresh t ( a representation s to the Police authort es conct'r red within weeks liorn thc <late of receipt ol zr copv of this re spttndent pedod of two (2) orcler. Upon receipt of sucl'r repre se ntatiorLs police authontv concerned sirall t:on sider the szr I n-' and pass a reasoned order strictly in accorda nce r'vith larv' pr r: lerablv vrithin four (4) weeks and communiczrte the decision t() tl ' petlti')ncr' I l(l ' t 4 1O. With the above direction, these Writ petiiions stand dispr:seci rtf. No orcler as to ccsts. Miscellaneous Petrtions, pending if any, shall stand closed //TRUE COPY// SD/. . PONNA KRISHNA S TANT REGISTRAR- S TION OFFICER To 't. The Principal Secretary, Home Department, Secretari ate of Telangana ioner of Police, Cyberabad Commissionerate, Telangana State ommissloner of P-olice, Raiendernagar Zone, Cyberabad at Hyderabad. The Commiss The Deputy C Commissionerate, Telangana State. ihe Assistant Commissidner of Police, Narsingi Division, Janwada Village Mainroad, Shankarpally Mandal, Ranga Reddy, TS, 500075 if,J sirtion House bffiter, Mokila Jarwada Village Mainroad, Shankarpally Mandal, Ranga reddY TS, 500075. The Special 6perati6n Team (SOT), Raienderanagar Cyberabad Commissionerate, Telangana State. Two CCs to GP FOR HOIUE, High Court for the State of Telangana at Hyderabad. [OUT] Oi]" Ci to SRI HABEEB ABUBAKAR ALHAMED, AdVOCAIE [OPUC] Two CD Copies 2 3 4 5 6 7 B o SA BS Ny \ I HIGH COURT DATED:2311012025 COMMON ORDER WP.Nos.31747 AND 31762 ot 2025 1HE S r/l 14: oR 7 6, 04 N0\I zffi ,,),. I)'\T C * DISPOSING OF THE BOTH WRIT PETITIONS WITHOUT COSTS. \ t th