THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.24155 of 2025

ORDER

Heard learned counsel for the petitioner and Sri.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5. 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 respondent No.5 in unlawful interference in running petitioner’s business under the name and style of Abundance Cafe at at Flat No.501 and Open Area at 6th and 7th Floor of SIRIs Sai Vaishnavi Residency, Puppalaguda village, Gandipet Madal, Ranga Reddy District - 500089 as unlawful arbitrary and violative of Article 14 and

191g of the constitution of India.”

3. Brief facts stated in this writ petition are that petitioner is running a café in the subject premises from May 2025 and is having license to carryout the business of café/restaurant and as a part of business, petitioner also offers hookah pot to the customers as per norms and conditions. Petitioner is also having trade licenses from the GHMC and also license from the Government of Telangana Food Safety and Standards Authority of India. It is submitted that respondent No.5 had interfered with the business of the petitioner and seized certain items and issued FIR No.1438/2025 under Section 223 of BNS and Section 20(2)

of COTP Act. In this regard, petitioner has submitted representation to respondent authorities on 09.06.2025, 13.06.2025 and 05.07.2025 for issuance of No Objection Certificate for operating Hookah Centre. However, no action has been taken on the said representations by the respondent authorities. 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, in which event the said authority shall forthwith take necessary steps in that regard.

26. Accordingly, all these Writ Petitions are disposed of.”

4. The case of the petitioner