Kallepalli Rama Raju v. Secretariat, Hyderabad

Petition under Arlicle 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 and more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in interfering with the business of the petitioner under the name and style of M/s Rapid Hospitality Services, Restaurant and Dining Bar Lounge at the premises bearing Plot No.1'102, situated on Road No.36, Jubiiee Hills, Hyderabad, T.S. in serving of flavoured Hookahs without reference to rule, law or regulations as illegal, arbitrary, unconstitutional and contrary to the provisions of Cigarettes and other Tobacco products COTP Act and consequently direct the Respondents. to permit the Petitioner to continue his business of serving flavoured Hookahs in his business premises without any hindrance or restrictions except under law l.A. NO: 1 OF 2016(WPMP. NO: 26012 OF 2016) Petition under Section 151 CPC praying that in the t;i 'cumstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to direct the Respondents herein not to interfere with the busirrr ss of the Petitioner under the name and style of Mis Rapid Hospitality Servi': rs, Restaurant and Dining Bar Lounge at the premises bearing Plot No. 1102 situated on Road No.36, Jubilee Hills, Hyderabad T.S. in serving flavoure< Hookahs to their I of the above writ customers except in accordance with law, pending dispos€ petition Counsel for the Petitioner: Ms. P.B.A RANAMALA REP SRIP. VAMSHEEDHAR REI) )Y counsel for the Respondent Nos. 1to3: sRl iHIts[i$F REDDY, Counsel for the Respondent No.4: SRI K. RAVINDER REDII'', SC FOR GHMC The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.21212 OF 2016 ORDER: This writ petition is filed seeking for the following relief: "to issue a Writ order or direqtbn.and.friliCil& l{Ai.Iy. one in the nature of writ of Mandamus declaring the'action'df.fhE:'fes:ti?tldEnts in interfering with the business of the petitionel:. under +tli+"nsine and style of M/s. Rapid Hospitalrty Services Restaurant and..tloing Bar Lounge at the premises bearing Plot No 1 1 02 situaled <riii8rEii{E$€-6ikie' Hills Hyderabad T.S. in servrng of flavoured Hookahs.-witfioltg6tence.to.rule law or regulations as illegal, arbitrary, unconstitutional 'aqd,:conkar.y to the provisions of Cigarettes and other Tobacco. rprcduqtsj60.IP-Xie!:rend consequently direct the respondents to, permi-t.lhq..f,etilQiigfufugfllFje his business of serving flavoured Hookahs in nis btliinesdffir&Es- witftout any hindrance or restrictions except under law.and,"tgt$&qia..,6rder or orders as the Hon'ble Court may deem fit and proBei in lfle a,ircumstances of the case." I have heard Ms. P.B.A. Ratnamala, learned counsel 2 representing the learned counsel for the petitioner and Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. 3 Learned counsel for the petitioner submits that the present writ petition has been filed challenging the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short, 'COTP Act'). lt is submitted that, in the instant case, this Court, after considering the submissions and keeping in view the interim directions issued in similar matters, was pleased to pass an 2 NTRJ wp-21212_2016 interim order dated 30.06.2016. Pursuant to complianr;r with the said interim order, the respondent authorities have not inkl fered with the petitioner's business. ln these circumstances, the petit r ner prays that the interim order dated 30.06 2016 be made absolul€ and that the present writ petition be disposed of accordingly.

4. Learned Assistant Government Pleader for Honr I submits that there is no specific objection to the relief sought by the pr titioner. 5. Upon perusal of the material on record, this Cour notes that an interim order was passed on 30.06,2016 with the follrr ring specified directions. "ln the light of the inteim order granted by this Cc rt in identical matters, lhere shall be an order alike in this mat er also in the following terms. lf the petilioner installs video cameras, e ther open or concealed, records its operalrcns and also t ndeftakes to preserve the recordings for a minimum of fifteen d, tys peiod, so that the polrce. in case of susprcrcn or necessity, ( an reptay the footage and examine as to whether any undesiraLtl > elements or young persons in conflict with law are frequentt r visiting the petitioner's cafe for hookah. the petitionels c af6 may be permitted to carry on its operations Learned Assislant Government pleader for Home would suggest that 3 MTRJ wp_21212_2O16 i) The Hookah centres shall not be kept open beyond 1 1.00 p.m. for its customers; ii) They musl necessa rily exhibit the si1nboard that they are Hookah centres; and iii) They must also exhibit the notice board that children below the age of 18 are not liable to be enteftained as guesfs, even for any olher recreational purpose including consumption of coffee inside the Hookahk Centres."

6. ln vrew 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.

7. Consequently, the writ petition stands disposed of. There shall be no order as to costs. Pendrng miscellaneous applications, if any, shall stand.closed. Sd/.A.JAYASREE ASSI TANT REGIST //TRUE COPY// CTION OFFICER To, Road Hyderabad.

1. The Principal Secretary, Home Department, Secretariat, T.S-,Hy.derabad' i. rfi" corrfiiisroner of ebtice, Hyodrabad City, At Basheerbabh., Hyderabad S. fhe Station House Officer, Poli;e Station Jubitee Hills' Hyderabad'. - +. ff," Commissioner, Greater Hyderabad Municipal Corporation,Tank Bund S. ONE CitO SRI. P. VAMSHEEDHAR REDDY, AdVOCAIE.[ O. i*o CCs to GP FOR HOME ,High Court forthe State of z. oire cc ro sRl (. RnvtruoeR REDDY, SC FOR GHMC [OPUC] B. Two CD CoPies BM (A- oPUCI Telangana at Hyderabad [OUTI . PMK HIGH COURT DATED:2610812025 ORDER WP.No.21212 of 2016 c -:'-j . ' -..=\l .i,{l \l--\ '_ 1)-':'' -^'J.. r:.. ..i l-.i. 5 r-:t M i,i .Jl -/ *,/ _/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS (r \l^ \\ \