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2023 Supreme(Bom) 261

G. S. KULKARNI, R. N. LADDHA
Sayli B. Parkhi – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mayur Khandeparkar, Vikramjit Garewal, Ajinkya Udhane, Vinali Bhaidkar Pushpanjali Arora.
For the Respondents: Amit Shastri, Kunal Waghmare.

ORDER :

1. Not on board. Upon mentioning, taken on board on a praecipe as moved on behalf of the petitioner.

2. The question which falls for consideration is whether the petitioner under the terms of a Eating House License granted to her by the Municipal Corporation, would permit serving of “Hookah” or what is claimed as “Herbal Hookah.”

3. The petitioner has described herself to be an entrepreneur carrying on business under the name and style of M/s. Parkhi Hospitalities and is running a Restaurant/Lounge named “The Orange Mint” at 16C, Asha Studio, S.T. Road, Chembur, Mumbai.

4. This petition is moved praying for a relief that the impugned order dated 18 April, 2023 passed by the Medical Officer Health, M/West Ward, directing the petitioner that if within 7 days from the date of said order, activity of serving Hookah/Herbal Hookah, in the service area, by using burnt charcoal, if is found to be continued by the petitioner, the eating house license granted to the petitioner shall be cancelled/revoked, without any further notice.

5. The impugned order is passed on the backdrop of an earlier Writ Petition filed by the petitioner, being Writ Petition No. 501 of 2023. The case of the Munic

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