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2011 Supreme(MP) 1267

MADHYA PRADESH HIGH COURT AT INDORE BENCH
S.C.Sharma, J.
All India Cafe and Sheesha Association through its President Shri Harish and others - Appellant
Versus
State of M.P.and others - Respondent
Writ Petition No. 4506-2011, 6926-2011, 6933-2011, 6934-2011, 6935-2011, 6936-2011, 6937-2011
Decided On : 18-10-2011

Advocates Appeared:
Mr. Ajay Bagadia, Mr. Prateek Maheshwari, Advocates for the Petitioners
Mr. Bhuvan Deshmukh, Govt. Advocate for the Respondent Nos. 1 to 6/ State
Mr. Anand Agrawal, Advocate for the Respondent No. 7/IMC.

JUDGMENT :

 

Regardbeing had to the similar controversy involved in the bunch of cases, they wereheard analogously together with the consent of the learned Counsel for theparties and by a common order all the aforesaid writ petitions are beingdisposed of. Facts of Writ Petition No. 4506/2011 are narrated, as under :-

2.Petitioner/association, namely All India Cafe and SheeshaAssociation through its President, has filed the present petition initiallychallenging order dated 18-5-2011 and 21-7-2011 passed by the AdditionalDistrict Magistrate, Indore under the provisions ofSection 144 of the Code of Criminal Procedure, 1973, by which the DistrictMagistrate has imposed a ban on smoking of hukka inthe restaurants in question. Contention of the petitioner is that thepetitioner/association is a society formed by persons associated with theoperation of business Cafe and Sheesha Lounges andthey have obtained necessary permission from the Municipal Corporation to runrestaurants. It has also been stated that at present there are about 16 membersin the association who are operating Cafe and SheeshaLounges in the city of Indore.The petitioners have enclosed Annexure P-1 collectively, which are licensesgranted by Municipal Corporation. Indore forrunning restaurants. One such license enclosed at Page 23 is valid up to31-3-2011. The petitionershave further stated that they are carrying out their lawful business, afterobtaining lawful permission and they are also maintaining proper health andhygiene facilities an quality product are being served for consumption of theconsumers manufactured by the reputed companies, duly approved by theauthorities/labs after testing it. The petitioners have fu

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