THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.20679 of 2025 This writ petition is filed seeking the following prayer:

“…declaring the action of the Respondents herein interfering with the business of the Petitioner under the name and style of Mingle Mint Cafe Lounge situated at Sunshine Regalus Building, Panchavati Colony, Manikonda serving flavored Hookah without reference to Rule Law or regulations as illegal, arbitrary and contrary to the provisions of COTP Act, 2023 and in violation of Art 14 and 191g of the Constitution of India and consequently direct the respondents to continue their business of serving flavored Hookah in petitioner business premises without any hindrance or restrictions…”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 5. With their consent, this writ petition is taken up for disposal.

3. The facts of the case as stated in brief are that petitioner is the Manager/Partner of the Café in the name and style of Mingle Mint Cafe Longue and is in the process of serving hookah in the said cafe. The petitioner submits that in the said cafe as per law hookah would be served, but came to know that due to a wrong interpretation by respondent authorities, the term serving hookah is made illegal. It is submitted that certain restaurants in Hyderabad had approached the Court and obtained a common order in 2017 wherein this Court specifically allowed the restaurants to serve hookah by following certain rules and regulations like having CCTV Cameras etc. It is submitted that though following rules, the Police especially the Task Force started going every night to different restaurants and filing all sorts of false and wrong cases and are trying to shut down hookah sales and usage. Thereafter, the owners of certain restaurants approached this Court and obtained orders wherein this Court permitted to run their restaurants as per rules and regulations and that if Police take any steps, the owners were free to approach the DGP and make complaints regarding illegal behaviour of officers. The petitioner also relied on common order passed by this Court in Crl.P.No.5619 of 2020.

4. It is submitted that a week ago, the officers of respondent No.5 cautioned the petitioner from offering and selling hookah as the same is allegedly banned in Hyderabad. It is further submitted that respondents cannot impose any restrictions beyond those contained in COTP Act. The COTP Act only imposes restrictions such as permissible and non-permissible zones, prohibition of selling to the persons below 18 years of age but does not provide for a blanket prohibition which is being illegally implemented by the respondents. The petitioner further submits that completely banning or stopping the petitioner from serving hookah that too without reference to any rule, regulation or without issuing any notice to the petitioner is illegal and unconstitutional. Questioning the same, the present writ petition is filed.

5. Learned counsel further submits that petitioner has obtained a certificate of trade license issued by Municipal Administration Department, Manikonda Municipality, Ranga Reddy District dated 08.05.2025 and that he intends to sell hookah in terms of COTP Act.

6. Heard learned counsel on either side and perused the record.

7. Upon perusal of the record, it is observed that the certificate of trade license was for the financial year 2025- 26 and valid upto 31.03.2026 and was issued in Trade category of General Establishment/Office/Shops and the nature of the business for which trade license was issued is referred as “Tea Dust and Coffee”. It is further to be noted, as per the submissions of the petitioner that he has not started serving hookah in the said cafe and is in the process of setting up the same and had approached this Court by way of this writ petition.

8. On a perusal of the COTP Act, 2003, Sub-clauses (b), (k) and (n) of Section 3: Definitio