M/S Havana vs The State Of Karnataka
2023 Latest Caselaw 4403 Kant

Citation : 2023 Latest Caselaw 4403 Kant
Judgement Date : 13 July, 2023

Karnataka High Court

M/S Havana vs The State Of Karnataka on 13 July, 2023

Bench: Krishna S.Dixit

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                                                    NC: 2023:KHC:24225
                                                      WP No. 14637 of 2023



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 13TH DAY OF JULY, 2023

                                          BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                    WRIT PETITION NO. 14637 OF 2023 (GM-POLICE)

                   BETWEEN:

                   1. M/S HAVANA
                      HAVING ITS PLACE OF BUSINESS
                      AT NO.1/3, K B ARCADE, HUNSUR ROAD,
                      NEXT TO BHUDEVI FARM, PADUVANAHALLI
                      MYSURU-570 002.

                   2. M/S CAFE THE NON SENS,
                      HAVING PLACE OF BUSINESS AT
                      NO.3122, D-17, KALIDASA ROAD,
                      JAYALAKSHMIPURAM, MYSURU-570 012.

                   3. M/S BASE CAMP.,
                      HAVING ITS PLACE OF BUSINESS
                      AT NO.2911, NEW NO.10, LIVE IN CORNER,
Digitally signed      3RD FLOOR, TEMPLE ROAD, V V PURAM,
by SHARADA            ONTIKOPPAL, MYSURU-570 004.
VANI B
Location: HIGH
COURT OF           PETITIONER NO.1 TO 3 ARE RESTAURANTS
KARNATAKA          BEING RUN BY M/S SUTRA IVE AND LET LIVE
                   LLP BEING A LIMITED LIABILITY PARTNERSHIP
                   REPRESENTED BY ITS PARTNER
                   RAVI P JAIN S/O PRAKASH RAICHAND
                   AGED ABOUT 32 YEARS,
                   (REGISTERED UNDER LLP ACT, 2008)

                   4. M/S THE LOFT CAFE
                      HAVING ITS PLACE OF BUSINESS
                      AT NO.9/A, 9/14, 3RD BLOCK, GOKULAM PARK ROAD,
                      JAYALAKSHMIPURAM, MYSURU-570 012.
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                                     WP No. 14637 of 2023



5. M/S CAFE MIST
   HAVING ITS PLACE OF BUSINESS
   AT NO.55/1, D 3/1, F.F. AND S.S. GOKULAM PARK ROAD
   JAYALAKSHMIPURAM, MYSURU-570 002.

PETITIONER NO.4 AND 5 ARE
REPRESENTED BY THEIR PROPRIETOR
M RAVIKIRAN S/O LATE L S MAHADEVA,
AGED ABOUT 33 YEARS,

6. M/S TIMBERYARD
   HAVING ITS PLACE OF BUSINESS AT NO.2928,
   D8, GOKULAM MAIN ROAD, V V MOHALLA
   MYSURU-570 002.
   REPRESENTED BY THEIR PROPRIETOR
   M RAVIKIRAN S/O LATE L S MAHADEVA,
   AGED ABOUT 33 YEARS.
                                          ...PETITIONERS
(BY SRI. SHREENEVASA K L.,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
   DEPARTMENT OF HOME AFFAIRS,
   DR AMBEDKAR VEEDHI, VIDHANA SOUDHA,
   BENGALURU-560 001.
   REP BY ADVOCATE GENERAL,
   HIGH COURT BUILDING

2. THE COMMISSIONER OF POLICE,
   MIRZA ROAD, NAZARBAD MOHALLA,
   MYSURU-570 004.

3. DEPUTY COMMISSIONER OF POLICE
   MIRZA ROAD, NAZARBAD MOHALLA,
   MYSURU-570 004.

4. THE ASSISTANT COMMISSIONER OF POLICE,
   NARASIMHA RAJA DIVISION,
   MILAD PARK BUILDING, ASHOKA ROAD,
   NEAR TO ST PHILOMINA CHURCH,
   MYSURU-570 001.
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                                 WP No. 14637 of 2023



5. THE ASSISTANT COMMISSIONER OF POLICE
   CITY CRIME BRANCH MYSURU,
   MILAD PARK BUILDING, ASHOKA ROAD,
   NEAR TO ST PHILOMINA CHURCH,
   MYSURU-570 001.

6. INSPECTOR OF POLICE,
   V V PURAM POLICE STATION,
   NEAR ONTIKOPPAL TEMPLE
   GOKULAM MYSURU-570 002.

7. INSPECTOR OF POLICE,
   JAYALAKSHMIPURAM POLICE STATION,
   NEAR AISHWARYA PETROLE BUNK,
   VIJAYANAGAR, MYSURU-570 012.

8. INSPECTOR OF POLICE,
   CYBER CRIME AND NARCOTICS DRUGS
   AND POLICE STATION
   MILAD PARK BUILDING, ASHOKA ROAD,
   NEAR TO ST PHILOMINA CHURCH,
   MYSURU-570 010.

9. INSPECTOR OF POLICE,
   CYBER CRIME BRANCH, MUYSURU,
   MILAD PARK BUILDING, ASHOKA ROAD,
   NEAR TO ST PHILOMINA CHURCH,
   MYSURU-570 001.
                                       ...RESPONDENTS
(BY SMT.NAVYASHEKAR.,AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENTS NOT TO INTERFERE IN OPENING
THE BUSINESS ESTABLISHMENT OF THE PETITIONERS AND
NOT TO INSIST THE PETITIONERS TO OBTAIN LICENSE FOR
THE USE OF THE HOOKAH IN THE SEPARATE SMOKING ZONE
PROVIDED BY THE PETITIONERS BEING RUN UNDER THE NAME
AND STYLE AND ETC.,

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
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                                             WP No. 14637 of 2023



                              ORDER

The subject matter of this writ petition is

substantially similar to the one in W.P.No.5034/2020 (GM-

POLICE) between MR. SHANAWAZ SIDDIQUI vs. THE

STATE OF KARNATAKA & OTHERS, disposed off by a

Coordinate Bench of this Court on 05.03.2020.

2. 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