Interference by authorities in business activities must comply with due process; businesses need to meet licensing requirements under public health laws before operating smoking areas.

ORDER :

1. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents. With their consent this writ petition is taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking following prayer:-

“declaring the action of the Respondents and their subordinates interfering into the business activities of the Petitioner without following due process of law as illegal, arbitrary, discriminatory, violative of Article 14, 19(1)(g) of the Constitution consequently direct the Respondents and their subordinates not to interfere with the business activities of the Petitioner being run in the name and style as ‘VIAMOKA’ situated at Sy.No.222/4 and 222/7, Govt Janwada, Janwada, Shankarpalle, Ranga Reddy District (subject premises)....”

3. The facts of the case in brief as stated are that petitioner claims to be owner of a café viz. ‘VIAMOKA’ located in the subject premises. It is submitted the said café is covered with CCTV Cameras and smoking area is separate from general café space and that petitioner possess all the licenses such as trade, food and labour licenses. It is further submitted that respondent Police are not allowing the petitioner to operate smoking area in the subject café. In this regard, petitioner has submitted representation to respondent authorities on 07.10.2025 seeking permission to operate smoking area in the subject café. However, respondent authorities have not considered the same till date. Questioning the same the present writ petition is filed. Learned counsel for the petitioner submits that this Court vide common order dated 15.11.2023 in W.P.No.8223 of 2013 and batch, passed the following order:-

“24. In view of the above discussion, this Court is of the opinion that imposing of certain conditions to run the Hookah Centres would meet the ends of justice.

i) As Charcoal is being used for serving hookah in the Hookah Centres, the petitioners shall obtain licence from the Municipal Corporation as specified under Section 521(1)(b) of Greater Hyderabad Municipal Corporation Act, 1955.

ii) Since the Hyderabad City Police Act, 1348 Fasli confers power over the amusement Centres/restaurants which are defined as “public place” under the COTP Act and as per Rule 4 of the Prohibition of Smoking in Public Places Rules, 2008 permission is required specifying smoking area. Therefore, to establish hookah centres, the petitioners shall obtain necessary permission from the concerned authority under the provisions of the City Police Act.

iii) The Hookah Centres are prohibited from serving any tobacco product to the persons below the age of eighteen years. Pictorial health-warning labels at the entrance must be displayed.

iv) The respondents-police are at liberty to supervise and inspect the Hookah Centres, for any violation of rules and regulations, guidelines or circulars issued under the provisions of the Hyderabad City Police Act, 1348 Fasli.

v) If there is any violation of the provisions of the COTP Act and the Rules made thereunder, the respondents-police are at liberty to take appropriate action as per the provisions of the COTP Act.

25. Subject to fulfilling the above conditions and also the provisions of COTP Act, the respondents-police are directed not to interfere with the business activity of the petitioners for running Hookah Centres. If the police are found to act in a highhanded manner, the owners of the Hookah Centres are at liberty to bring the same to the notice of the Director General of Police/Commissioner of Police, as directed by this Court in Writ Petition No.3202 of 2014 and batch,