Rakshith Gowda C R vs Government Of Karnataka
2021 Latest Caselaw 5019 Kant

                           1

   IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 29TH DAY OF NOVEMBER, 2021

                        BEFORE

        THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.21406 OF 2021(GM-POLICE)

BETWEEN:

RAKSHITH GOWDA C R
PROPRIETOR, AGED ABOUT 29 YEARS,
HIP HOP CAFE HOTEL AND
RESTAURANTS, NO.130/4,
KEMMALE VILLAGE,
SATHNUR HOBLI, KANAKAPURA,
RAMANAGARA-562 117.
                                          ... PETITIONER
(BY SRI.MALLA REDDY B V, ADVOCATE)
AND:

1. GOVERNMENT OF KARNATAKA
   REPTD. BY THE PRINCIPAL SECRETARY
   DEPARTMENT OF HOME AFFAIRS,
   VIDHANA SOUDHA, BENGALURU-560 001.

2. THE SUPERINTENDENT OF POLICE
   RAMANAGARA DISTRICT,
   RAMANAGARA PIN-562 159

3. DEPUTY SUPERINTENDENT OF POLICE
   RAMANAGARA SUB DIVISION,
   RAMANAGARA PIN-562 159.

4. THE CIRCLE INSPECTOR OF POLICE
   KANAKAPURA TALUK, KANAKAPURA,
   PIN-562 117.

5. THE STATION HOUSE OFFICER
   SATHANUR, SATHANUR HOBLI,
   KANAKAPURA TALUK, PIN-562 117.
                                        ... RESPONDENTS
(BY SRI. SRIDHAR HEGDE, HCGP)
                               2

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS NOT TO INTERFERENCE WITH THE RUNNING
OF THE BUSINESS UNDER THE NAME AND STYLE OF HIP HOP
CAFE HOTEL AND RESTAURANTS SITUATED AT NO.130/4,
KEMMALE     VILLAGE,   SATHANUR     HOBLI,  KANAKAPURA,
RAMANAGARA-562117,        PROVIDING    HOOKAH/SMOKING
FACILITY AND RUNNING THE RESTAURANT, IN ACCORDANCE
WITH LAW, UNDER THE GUISE OF INSPECTION, RAIDS AND
HARASS THE PETITIONER AT REGULAR AND PERIODICAL
INTERVALS WITHOUT ANY NOTICE TO THE PETITIONER AND
ETC.,

     THIS 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.23275/2018 (GM-POLICE)

between PNB VENTURES Vs. THE STATE OF KARNATAKA

& OTHERS, disposed off by a Coordinate Bench of this Court

on 30.05.2018.

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 and 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 the Court should

treat the like-cases alike and if relief is granted to a litigant,

it has to be extended to similarly circumstanced litigants as

well, there being no derogatory circumstances.

In view of the above, this writ petition is disposed off

granting relief to the petitioner in terms of the cognate

judgment mentioned above; impugned notice is quashed

with liberty to the police to take action in the event any of the

conditions, including the COVID-19 related ones are violated.

All contentions are kept open.

No costs.

Sd/-

JUDGE

Snb/