M/S High On Sky vs State Of Karnataka
2023 Latest Caselaw 7061 Kant

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                                                         NC: 2023:KHC:36281
                                                       WP No. 21566 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 6TH DAY OF OCTOBER, 2023

                                          BEFORE
                             THE HON'BLE MR JUSTICE R DEVDAS
                       WRIT PETITION NO. 21566 OF 2023 (GM-POLICE)

                 BETWEEN:

                 1.    M/S HIGH ON SKY,
                       NO. 441/B3,
                       HEBBAL INDUSTRIAL AREA,
                       MYSORE - 570 016
                       REGISTERED AS A COMMERCIAL ESTABLISHMENT
                       UNDER THE KARNATAKA SHOPS AND COMMERCIAL
                       ESTABLISHMENT ACT, 1961,
                       REPRESENTED BY ITS PARTNERS.

                 2.    MRS. BRIJBALA,
                       W/O NARENDARA KUMAR,
                       AGED ABOUT 68 YEARS,
                       C/O NISHANTH SUDAN,
Digitally signed by    R/O FLAT NO. D-124, PSR KRISHI KAMAL,
JUANITA THEJESWINI     NEELADRI NAGAR,
Location: HIGH
COURT OF               SHIRDI SAI BABA TEMPLE ROAD,
KARNATAKA              ELECTRONIC CITY, BANGALORE - 560 100.

                 3.    MOHAMMED NATIQ,
                       S/O MOHMMED HUSSAIN,
                       AGED ABOUT 32 YEARS,
                       DOOR NO. 3325/45,
                       2ND CROSS, 2ND EIDGHA ANNEGUNDI ROAD,
                       BANNIMANTAP, MYSORE - 570 015.
                                                          ...PETITIONERS
                 (BY SRI. N. R. RAVIKUMAR, ADVOCATE)
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                                       NC: 2023:KHC:36281
                                     WP No. 21566 of 2023




AND:

1.   STATE OF KARNATAKA,
     DEPARTMENT OF HOME,
     VIDHANA SOUDHA,
     REPRESENTED BY ITS PRESIDENT,
     BANGALORE - 560 001.

2.   THE COMMISSIONER OF POLICE,
     MYSORE CITY,
     MYSORE - 570 001.

3.   THE DEPUTY COMMISSIONER OF POLICE
     LAW AND ORDER, MYSORE CITY,
     MYSORE - 570 001.

4.   THE DEPUTY COMMISSIONER OF POLICE,
     CRIME AND TRAFFIC, MYSORE CITY,
     MYSORE - 570 001.

5.   THE POLICE INSPECTOR,
     HEBBALA POLICE STATION,
     MYSORE CITY - 570 001.

6.   THE POLICE INSPECTOR,
     METAGALLI POLICE STATION,
     MYSORE CITY - 570 001.
                                          ...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP)

        THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INTERFERE IN LAWFUL ACTIVITIES
CARRIED OUT IN THE PREMISES OF THE PETITIONERS AND
ETC.,
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                                                  NC: 2023:KHC:36281
                                            WP No. 21566 of 2023




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

                             ORDER

R.DEVDAS J., (ORAL):

Learned High Court Government Pleader is directed to

take notice for all the respondents.

2. The petitioner Nos.2 and 3 are partners of

petitioner No.1-M/s High On Sky engaged in the business of

a cafeteria and restaurant and providing space for smoking

hookah. The petitioners are seeking a writ of mandamus

directing the respondent-police authorities not to interfere

with the business of the petitioners including the service of

hookah to its customers in the smoking area, within the shop

premises. Learned counsel for the petitioners submits that

along with the memorandum of the writ petition, three

judgments of this Court have been furnished, wherein

directions have been given to the respondent-police

authorities not to interfere in the course of the business,

since it is not a prohibited activity.

NC: 2023:KHC:36281 WP No. 21566 of 2023

3. Learned High Court Government Pleader submits

that in a subsequent decision in the case of PNB Ventures

Vs. The State of Karnataka and Others in

W.P.No.23275/2022 dated 30.05.2018, two additional

conditions were imposed on what was earlier directed in the

earlier matter. The High Court Government Pleader would

therefore submit that the writ petition may be disposed of in

terms of the directions issued in the case of PNB ventures

(Supra).

4. In that view, a similar benefit is required to be

extended to the petitioners also. Hence, it is directed that

the respondent shall not insist upon the petitioners to obtain

licence for the use of Hookah in the smoking zone provided

by the petitioners if such facilities is provided only for the

purpose of smoking Tobacco through Hookah in accordance

with law. However, if any credible information is received by

the respondents or in the process of monitoring if any illegal

activities are found including the use of banned substance,

certainly the respondents or such other Law Enforcing

NC: 2023:KHC:36281 WP No. 21566 of 2023

Authorities would be entitled to take action in accordance

with law.

5. The writ petition stands disposed of in the

following terms:

(a) Petitioners shall earmark exclusively a separate area/place(s) with appropriate enclosure in the hotel premise and necessarily after obtaining licence for the purpose of hookah smoking and no other area or portion of premise shall be used by the customers of the petitioners for smoking hookah.

(b) Under the guise of inspection, the respondent-jurisdictional police shall not harass the petitioners. However, it does not deter them from inspecting the premise at periodical intervals with notice to the petitioners, if necessary.

Ordered accordingly.

Sd/-

JUDGE rv CT: BHK