THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.33924 of 2025

ORDER

This writ petition has been filed seeking the following prayer:-

“to declare the action of the respondents in interfering with the petitioner’s business as illegal and arbitrary and colourable exercise and misuse of powers contemplated under the provisions of COTP Act and well settled law of the Honourable Apex Court in Narinder S.Chadha v. Municipal Corporation of Greater Mumbai, (2014) 15 SCC 689 and consequently, direct the respondents not to cause any interference, sealing or seizure of the petitioner’s business premises.”

2. Brief facts as stated in this writ petition are that petitioner is running a licensed coffee shop under name and style M/s.Hunter Lounge, having obtained all permissions from the Government of India, Ministry of Micro, Small and Medium Enterprises and the Greater Hyderabad Municipal Corporation under Sections 521 and 622 of the Hyderabad Municipal Corporations Act, 1955. It is further submitted that the said establishment includes a designated smoking zone where flavoured hookah/sheesha is served only to adult customers i.e., above 18 years of age, strictly in compliance with the provision of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTP ACT). The case of the petitioner is that the respondent authorities interfered with the petitioner’s business and seized certain equipment, hence, petitioner submitted representation dated 03.11.2025 and requested respondent No.2 to grant permission to establish and operate the said hookah centre. However, till date the petitioner’s representation dated 03.11.2025 is pending for consideration.

3. Learned counsel for the petitioner has drawn attention of this Court to the common order dated 15.11.2023 passed in W.P.No.8223 of 2013 and batch, relevant portion is extracted hereunder:-

“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