M/S Rigan vs State Of Karnataka
2021 Latest Caselaw 5572 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 06TH DAY OF DECEMBER 2021

                          BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S. DIXIT

          WRIT PETITION NO.19398/2021 (GM-POLICE)

BETWEEN:

M/S RIGAN,
A PARTNERSHIP FIRM REGISTERED UNDER
THE PARTNERSHIP ACT,
NO.C-48 CENTURY CORBEL,
BEHIND ICICI BANK,
SAHAKAR NAGAR, BENGALURU 92.
REP BY ITS PARTNER AND AUTHORIZED
SIGNATORY SRI PRITHVI CHILLUMULA REDDY.
                                             ...PETITIONER
(BY SRI V. LAKSHMI KANTHA RAO, ADVOCATE)

AND:

1.     STATE OF KARNATAKA,
       REPRESENTED BY ITS SECRETARY,
       DEPARTMENT OF HOME,
       VIDHANA SOUDHA,
       BENGALURU 560 001.

2.     COMMISSIONER OF POLICE,
       BANGALORE CITY, INFANTRY ROAD,
       BANGALORE 560 001.

3.     DEPUTY COMMISSIONER OF POLICE,
       BANGALORE NORTH,
       BANGALORE 560 063.

4.     ASSISTANT COMMISSIONER OF POLICE,
       DEVANAHALLI SUB-DIVISION,
       BANGALORE RURAL DISTRICT,
       BANGALORE 562 110.

5.     THE CIRCLE INSPECTOR,
       DEVANAHALLI POLICE STATION ,
       DEVANAHALLI,
       BENGALURU RURAL 562 110.
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6.   THE CHIEF OFFICER,
     DEVANAHALLI PURASABHE,
     DEVANAHALLI,
     BENGALURU RURAL DISTRICT 562 110.
                                               ...RESPONDENTS
(BY SRI VINOD KUMAR, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO
THE RESPONDENTS NOT TO INTERFERE IN THE BUSINESS OF
THE PETITIONER INCLUDING SERVING OF HOOKA TO ITS
CUSTOMERS IN SMOKING AREA IN THE SCHEDULE PREMISES.
FURTHER DIRECT THE RESPONDENTS NOT TO INSIST UPON
THE PETITIONER TO OBTAIN A SEPARATE LICENCE FOR
SERVING HOOKA IN THE SCHEDULE PREMISES.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

The subject matter of this writ petition is substantially

similar to the one in W.P.No.14226/2015 between DIAMOND

ENTERPRISES Vs. STATE OF KARNATAKA & OTHERS,

disposed off by a Co-ordinate Bench of this Court on

03.09.2015. Paragraph No.5 of the judgment reads as under:

"5. Therefore, the only direction that is required to be issued in the instant petition to the respondents is not to insist upon the petitioner to obtain licence for the use of Hooka in the smoking zone provided by the petitioner in their premises, if such facility is provided only for smoking Tobacco through Hooka. However, if any credible information is received and in the process of monitoring, if any illegal activity is found including use of any banned substance, certainly the respondents or such other law enforcing authorities would be entitled to take action in accordance with law."

2. Learned AGA is more than justified in submitting

that in addition to conditions stipulated in the cognate

judgment, the petitioner has to abide by the COVID-19-

related-regulations/restrictions; the petitioner agrees to the

same.

3. The Division Bench of this Court in W.A.Nos.932-

933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF

KARNATAKA BY ITS COMMISSIONER & SECRETARY

disposed off on 11.12.1974, has held that like cases should

be treated alike and if relief is granted to a litigant, similar

relief cannot be denied to other similarly circumstanced

litigants, subject to all just exceptions.

In view of the above, the writ petition is disposed

off granting same relief to the petitioner herein as has been

granted in the cognate writ petition above. The petitioner

shall also follow the Covid related restrictions. It is open to

the police to supervise the adherence to the conditions.

No costs.

Sd/-

JUDGE

MD