M/S. Highway - 66 vs The State Of Karnataka
2023 Latest Caselaw 7062 Kant

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                                                            NC: 2023:KHC:36285
                                                         WP No. 12378 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. 12378 OF 2023 (GM-POLICE)
                      BETWEEN:

                      M/S. HIGHWAY - 66,
                      REPRESENTED ITS PROPRIETOR
                      MR. SHAKTHI PRASAD R UCHIL,
                      S/O MR. RAMACHANDRA K UCHIL,
                      AGED ABOUT 23 YEARS,
                      R/A 11-16B(1), PANACHAKSHARI
                      SHIVASHAKTHI NAGAR, SOMESHWAR,
                      MANGALORE - 575 002.
                                                                   ...PETITIONER
                      (BY SRI. SUDHINDRA BHAT, ADVOCATE)
                      AND:

                      1.    THE STATE OF KARNATAKA,
                            REPRESENTED BY SECRETARY,
Digitally signed by
                            HOME DEPARTMENT,
JUANITA THEJESWINI          VIDHANA SOUDHA,
Location: HIGH
COURT OF                    BANGALORE - 560 072.
KARNATAKA

                      2.    THE COMMISSIONER OF POLICE, MANGALORE,
                            NEAR POLICE TRAINING SCHOOL,
                            PANDESHWAR, MANGALURU,
                            KARNATAKA - 575 001.

                      3.    THE STATION HOUSE OFFICER/INSPECTOR,
                            ULLAL POLICE STATION,
                            RR9R+RJ3, ULLAL MANGALURU,
                            KARNATAKA - 575 020.
                                -2-
                                                 NC: 2023:KHC:36285
                                            WP No. 12378 of 2023




4.   THE TOWN MUNICIPAL COUNCIL, ULLAL,
     REPRESENTED BY THE COMMISSIONER,
     RRCR+F9P, ULLAL DARGA RD.,
     ULLAL, KARNATAKA - 575 020.
                                                     ...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP FOR R1 TO R3)

        THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NOT TO INTERFERE IN THE SALE AND SERVICE
OF   HERBAL       FLAVORED    HOOKAH        IN    THE   DESIGNATED
SMOKING AREA OF ESTABLISHMENT OF THE PETITIONER AND
ETC.,

        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 is a proprietary concern doing

business of a cafe and providing space for smoking hookah.

The petitioner is seeking a writ of mandamus directing the

respondent-police authorities not to interfere with the

business of the petitioner including the service of hookah to

NC: 2023:KHC:36285 WP No. 12378 of 2023

its customers in the smoking area, within the shop premises.

Learned counsel for the petitioner 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.

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 petitioner also. Hence, it is directed that the

respondent shall not insist upon the petitioner to obtain

NC: 2023:KHC:36285 WP No. 12378 of 2023

licence for the use of Hookah in the smoking zone provided

by the petitioner 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

Authorities would be entitled to take action in accordance

with law.

5. The writ petition stands disposed of in the

following terms:

(a) Petitioner 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 petitioner for smoking hookah.

(b) Under the guise of inspection, the respondent-jurisdictional police shall not

NC: 2023:KHC:36285 WP No. 12378 of 2023

harass the petitioner. However, it does not deter them from inspecting the premise at periodical intervals with notice to the petitioner, if necessary.

Ordered accordingly.

Sd/-

JUDGE

rv CT: BHK