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 serving 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 Hookahs without any hindrance or restriction except under law. t.A. NO: 2 OF 2016(WP MP. NO: 37105 OF 2016) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ 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 accor, ance with law, pending disposal of the petition. l.A. NO: 1 OF 2016OWMP. NO: 4836 OF 2016) Between:

1. Government of Telangana, Rep. by its Principal Secretary Home Department, Secretariat Buildings, Telangana Secretariat, Hyderabad

2. The Commissioner of Police, Hyderabad, at Basheerbag r Hyderabad. 3. The Station House Officer, Amberpet Police Station, Hyde abad. ...PETITIONERS/R ESPONDENT NO.1 AND S.Vinutan Reddy, S/o.S.Narsimha Reddy, Prop: Spell 9 lukkah Centre, DD Colony, Amberpet, Hyderabad. :..RESSPOt{ )ENT/PETITIONER Petition under Section 151 CPC praying that in the circr mstances stated in the affidavit filed in support of the petition, the High Court may be pleased vacate the interim order granted passed in WPMP. No.37105 of 2010 n WP.No.29996 of 2016 dated 07 09.2016 Counsel for the Petitioner: SRI S.VINUTAN REDDY, FOR SRI P. SRI HARSHA REDDY Counsel for the Respondents: SRI R. I-AXMIKANTH REDDY, \GP FOR HOME The Court made the following: ORDER I I I i THE HONOURABLE SRI JUSTICE N.TUK,ARAMJI WRIT PETITIO N No.29996 OF 2016 ORDER: This writ petition is filed seeking for the following relief: ". ..to issue a writ, order or direction, more palTicularly in natute of a wit of 'Mandamus" declaring the banning aN inteiering with the busrness of fhe petitbner in *Ning of flavored Hookahs without reference to any rule, law or regulation, as illegal, arbitrary, unconstitutionat and contrary to the provisions of the COTP Act, 20O3 and consequently direct the respondents to pemit the petilioner to continue to do the buslness of serving of flavored Hakahs without any hindrance or restrhtion except undet \aw...".

2. I have heard Mr. S.Vinutan Reddy, leamed counsel for the petitioner and Mr. R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondents'

3.LeamedcounselforthepetitionerSubmitsthatthepresentwrit petitionhasbeenfiledchallengingtheprovisionsoftheCigarettesand Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and comrnerce, Production and Supply and Distribution) Act, 2003(forshort'COTPAct').ltissubmittedthat'intheinstantcase' this Court, after considering the submissions and keeping in view the interim directions issued in similar mafters, was pleased to pass an interim order dated 07.09.2016. Pursuant to compliance with the said interim order, the respondent authorities have not interfered with the petitioner's business. ln these circumstances, the petitioner prays that 2 the interim order dated 07.09.2016 be made absolut€ and that the present writ petition be disposed of accordingly.

4. Learned Assistant Govemment Pleader for Homr: submits that there is no specific objection to the relief sought by the pe t tioner.

5. Upon perusal of the material on record, this Court rotes that an interim order was passed on 07.09.2016 with the follort ng specified directions: "ln the light of the interim order granted by this Couft ir matters, there shall be an order alike in this mafter aE dentical t in the following terms: lf the petitioner installs video cameras, either open or co records ils operations and also underiakes to prese recordings for a minimum of fifteen days peiod, so that tn in case of suspicion or necessity, can replay the foott examine as to whether any undesirable elements or persors rn conflict with law are frequently visiting the pe cafe for hookah, the petitioner's cafe may fu permifted tc cealed, 've the I police, ge and lioner's :ATry ON its operations. Learned Asslslant Government Pleader fq Hone woulc' ;uggest lhat: i) The Hookah centers shall not be kept open fuyond 1', OO PM for s cuslomers; ii) They must necessary exhibit the signboard that tl ey are Hookah centers; and iii) They must also exhibit the notice board that children te tow the age of 18 are not liable lo be enteftained as guests, even for any other recrealional purpose including consumption of coffe, inside the Hookah cenlers " 3

6. ln view of the fact that the petitioneis 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. As a sequel thereto, miscellaneous applications, if any pending, in this petition, shall stand closed. //TRUE COPY// SD/.L.VIJAYA LAKSHMI ISTANT REGIST ECTION OFFICER To, Secreteriet, Govemment of fetanglni," Hid;,",i;. 'I . The Principal Secretarv,. Home Department, Secreteriet Buildings, Telangana 2. The Commissioner of police, Hyderabad, at Basheerbagh, Hyderabad. 3. The Station House Officer, Amberpet police Station, Hyderabad. 4. One CC to Sri p. Sri Harsha Reddy, Advocate [OpUC] 5. Two CCs to GP for Home, High Court for the State of Telangana, at Hyderabad JOUTI

6. Two CD Copies TJ CHR HIGH COURT DATED:1 810912025 ORDER -' . ,,1; ]r4 a) (J 2 2 JAN 2[26 v G WP.No.29996 of 2016 * I DISPOSING OF THE WRIT PETITION WITHOUT COSTS cll? t\0 ,v.6