THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION No.15681 of 2025

ORDER

Heard learned counsel for the petitioners and learned

Assistant Government Pleader for Home appearing for

respondents.

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

“…declaring the action of the Respondent Nos.7

and 8 in harassing the petitioner and not allowing him to run his restaurant as arbitrary and illegal consequently direct the Respondent 7 and 8 not to interfere in running the above mentioned Restaurants

24/7 and pass…”

3. The facts of the case in brief as stated are that petitioner claims to be a businessman and is in the business of food/restaurant and runs two restaurants viz., Felfelah and Palm Banjara in Hyderabad with all the required permissions. It is submitted that no alcohol, hookah, cigarettes or tobacco products are being sold in the said restaurants. It is submitted that on 03.04.2025, the petitioner obtained permission from the Special Chief Secretary, Government of Telangana to run above said businesses 24/7 and the Government of Telangana issued G.O.Rt.Nos.134 and 135, LET&F Department dated 03.04.2025

permitting the petitioner to run his businesses 24/7 for a period of one year subject to the conditions stipulated in G.O.Ms.No.4, LET&F (Lab-I) Department dated 04.04.2023. Subsequent to the said permission, petitioner is running his businesses 24/7. It is submitted that respondent Nos.7 and 8 started interfering in petitioner’s businesses and threatened him not to run his businesses 24/7. The petitioner was also taken into custody when he tried to run his businesses as per G.Os dated 03.04.2025. Questioning the same, the present writ petition is filed.

4. Learned Assistant Government Pleader for Home has placed a copy of instructions issued by Sub-Inspector of Police, Tolichowki Police Station and would submit that petitioner is operating his businesses till 03.00 AM which is in violation of rules and orders issued by competent authorities. Learned Assistant Government Pleader would submit that as per the orders of the Commissioner of Police, Hyderabad all hotels, restaurants and food establishments are required to be closed by 01.00 AM midnight. During night patrolling, it was noticed that petitioner’s hotels were functioning beyond the prescribed time limit and accordingly, respondent No.7 booked five petty cases against the petitioner viz., (i) HYD-HUM/389/MNL/16.04.2025 (ii) HYD-HUM/588/MNL/05.05.2025 (iii) HYD-TOL/374/26.07.2025 (iv) HYD-TOL/456/17.08.2025 (v) HYD-TOL/661/29.09.2025

5. The petitioner was repeatedly informed to appear before the concerned Court in connection with the above petty cases and accordingly, petitioner attended the Court and paid fines. It is further submitted that one of the petitioner’s hotels i.e., M/s.Felfelah Restaurant is in IAS Colony, Hakeempet, Tolichowki which is purely a residential area and a large number of migrant workers from Bihar, UP, Odisha as well as foreign nationals from Somalia, Sudan, Nigeria reside in the vicinity and if the said hotel is permitted to run 24/7, it may lead to law and order problem and can cause disturbance to the peace and tranquillity of the locality. It is further submitted that the Commissioner of Police, Hyderabad vide No.HCP/A/A2/0088/2024 date: 24.09.2024 issued guidelines by permitting to keep the shops & Establishments open (other than eateries. i.e. cloth stores, Jewellery shops, super markets, Electronic shops, cellphone shops, General and Kirana Shops, Book Stalls etc.,) between 9.00 AM to 11.00 PM on all the days of the year in Telangana, and Wine Shops between 10.00 AM to 11.00 PM in GHMC areas. It is further submitted that, the Government vide GO Ms. No.339, Revenue (Excise-II), Department, dated 01.08.2018 has permitted the business timings of the establishments where liquor is served in GHMC and 5 KM periphery of GHMC, on weekend from 10.00 AM to 12.00 AM Midnight (Excluding Friday & Saturday) and

10.00 AM to 1.00 AM on Friday and Sat