Karnataka High Court
M/S Nuair Products And Facilities ... vs State Of Karnataka on 26 July, 2022
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.14753 OF 2022(GM-POLICE)
BETWEEN:
M/S NUAIR PRODUCTS AND FACILITIES INDIA LLP.,
A REGISTERED LIMITED LIABILITY
PARTNERSHIP FIRM HAVING ITS
OFFICE AT NO.65, 4TH FLOOR COLES ROAD,
FRAZER TOWN,
BENGALURU-560 005.
REP BY TIS PARTNER MOHAMMED IKRAM,
S/O IFTAKAR AHMED,
AGED ABOTU 36 YEARS,
HAVING ITS BUSINESS AT
JW MARRIOTT HOTEL BENGALURU,
(GSTAAD HOTELS PRIVATE LIMITED).
...PETITIONER
(BY SRI. ANIL KUMAR R, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HOME AFFAIRS
VIDHANA SOUDHA,
DR AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. THE INSPECTOR GENERAL OF POLICE
NO.2, NRUPATHUNGA ROAD
BENGALRU-560 001.
3. THE DEPUTY COMMISSIONER OF POLICE
CENTRAL DIVISION BENGALURU,
KASTURBA ROAD, SHANTHALA NAGAR,
ASHOK NAGAR, BENGALURU-560 001.
2
4. THE CIRCLE INSPECTOR OF POLICE,
CUBBON PARK POLICE STATION,
CUBBON PARK, KASTURBA ROAD,
SHANTHALA NAGAR, ASHOK NAGAR,
BENGALURU-560001.
5. THE STATION HOUSE OFFICER,
CUBBON PARK POLICE STATION,
KASTURBA ROAD, SHANTHALA NAGAR,
ASHOK NAGAR,
BENGALURU-560 001.
6. THE ASSISTANT COMMISSIONER OF POLICE
CUBBON PARK POLICE STATION
CUBBON PARK, KASTURBA ROAD,
SHANTHALA NAGAR, ASHOK NAGAR,
BENGALURU-560 001.
7. CENTRAL CRIME BRANCH,
BANGALORE,
COTTONPET MAIN ROAD,
COTTONPET,
BANGALORE-560 053.
REP BY ITS COMMISSIONER.
... RESPONDENTS
(BY SRI.VINOD KUMAR M,AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS NOT TO INTERFERE WITH THE
PEACEFUL CONDUCT OF HOOKA BUSINESS BY THE
PETITIONER IN THE SCHEDULE PREMISES 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
Bsv
