The 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 in the nature of a writ of [Mandamus declaring the banning and interfering with the business of the Petitioner in servirlg of flavored Hookahs without reference to any rule, law or regulation, as illegal, arbitrary, unconstitutional and contrary to the provisions of the COTP Act, 2003 and consequently direct the Respondents to permit the Petitioner to continue to do the business of serving of flavored H]ookahs without any hindrance or restriction except under law ] NO:2 t: 1 P 37097 201 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 not to interfere with the business of the petitioner in serving of flavored Hookahs to their customers except in accordance with law, pending dispcsal of the writ petition NO: 1 1 Nro Between: The Commissioner of Police, Hyderabad, at Basheerbagh, Hyderabad. AND ....PETITIONER g:Jggdj9h, S/o.G.Radha Krishna, Aged 33 Vears, Occ-Buliness, Ri/ o. H. No.

1. M/s Spell - 9 Cofee & Chineselounge rep by its Managing Director _ 17-39, Kamalangar, Dilsukhnagar, Hyderabad 2. State of Telangana, Rep, by its principal Secretary, Home Department, Secret.rriat Buildings, Telangana Secretariat. Hvd6rabad. 3. Statiorr House Officer, Malakpet police Station, Hyderabad. ...RESPONDENTS Petitiorr under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the orrJel p""."0 in wpMp No. 37097 of 2016 in wp No. 299gg of 2016 dt.o;-oe-2016 Counsel for tlre Petitioner: SRl. p. SRI HARSHA REDOY Counsel for the Respondents: SRI R. LAXMIKANTH, AGp FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.29988 OF 2016 ORDER: This writ petition is filed seeking for the following relief: "to issue a Writ order or direction more particularly in the nature of writ of Mandamus declaring the banning and interfering with the of the petitioner in serving of flavoured Hookahs without reference to any or regulation, as illegal, arbitrary, unconstitutional and contrary to the provisions of the COTP Act, 2003 and consequently direct the permit the petitioner to continue to do the business of serving of Hookah without any hindrance or restriction except under law".

2. I have heard Mr. P. Sri Harsha Reddy, learned counsel r the petitioner and Mr.R.Laxmikanth Reddy, learned Assistant Pleader for Home appearing for respondents.

3. Learned counsel for the petitioner submits that the petition has been filed challenging the provisions of the Ciga Other Tobacco Products (Prohibition of Advertisement and of Trade and Commerce, Production, Supply and 2003 (for short; 'COTP Act'). !t is submitted that, in the this Court, after considering the submissions and keeping in interim directions issued in similar matters, was pleased to ) Act, case, interim order dated 07.09.2016. Pursuant to compliance with ttle said interim order, the respondent authorities have not interfered with the petitioner's business. ln these circumstances, the petitioner Ora{s that e-4 \ 2 NTR,] wp_29988_2016 the interim r>rder dated 07.09.2016 be made absolute and that the present writ gletition be disposed of accordingly.

4. Learned Assistant Government Pleader for Home submits that there is no specific objection to the relief sought by the petitioner.

5. Upon perusal of the material on record, this Court notes that an interim order was passed on 07.09.2016 with the following specified directions. "ln th<> light of the interim order granted by this Court in identical matte,s, there shatt be an order aiike in this matter also in the following terms: lf the petitioner installs video cameras, either open or conce'aled, records ,fs operations and a/so undertakes to preserve the recordings for a minimum of fifteen days perio4 so that the police,. in case of suspicion or necessity, can replay the footagte and examine as to whether any undesirable elements or younct persons in conflict with law are frequentty visiting the petitic,ner's cafd for hookah, the petitioner's caf6 may be permitted to carry on ifs operations Leamed Assisfanf Govemment Pleader for Home would suggest that: i) The Hookah centres shall not be kept open beyond 11.00 p.m. for its customers; 3 NTR,J wp_29988_2016 ii) They must necessarily exhibit the signboard 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 guests, even for any other recreational purpose including consumption of coffee inside the Hookahk Centres."

6. !n view 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 absotute. lt is so ordered.

7. Consequently, the writ petition stands disposed of. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY/ SD/.B. REKHA REG ECTION OFFICER To, t

1. The Principal Secretary, Home Department, Secretariat Buildings, Telangana Secretariat, T.S., Hyderabad.

2. The Commissioneiof Police, Hyderabad, at Basheerbagh, Hyderabad. 3. The station House Officer, Malakpet Police Station, Hyderapad. 4. One CC to SR!. P. SRI HARSHA REDDY, Advocate [OPUC] 5. Two CCs to GP FOR HOIVIE ,High Court for the State of Telangana at Hyderabad [OUTI 6. Two CD Copies l BM BS 9e I {-J 2 3 JAtl 2026 *' ',1i I ' t HIGH COURT DATED:2510812025 ORDER WP.No.29988 of 2016 DISPOSING OF THE WRIT PETITION WITHOUT COSTS s? o126' *-'