M/S Pup Cafe vs State Of Karnataka
2023 Latest Caselaw 7064 Kant

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                                                             NC: 2023:KHC:36279
                                                            WP No. 7782 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. 7782 OF 2023 (GM-POLICE)

                      BETWEEN:

                      M/S. PUP CAFÉ,
                      A PARTNERSHIP FIRM,
                      D NO.129/18 OFFICE ROAD,
                      VIDYARATHNA NAGAR, SHIVALLI VILLAGE,
                      MANIPAL, UDUPI - 576 104,
                      REPRESENTED BY ITS PARTNER SUHAS SHETTY,
                      S/O SANTOSH SHETTY
                      AGED ABOUT 30 YEARS,
                      R/AT 6-2-66, KAMBLA KODAVOOR,
                      TENKANIDYOOR, UDUPI - 576 106,
                      A PARTNERSHIP FIRM ENGAGED IN THE
                      BUSINESS OF FOOD SERVICE RESTURANT.
                                                                   ...PETITIONER
Digitally signed by   (BY SRI. PRADYUMNA M, ADVOCATE)
JUANITA
THEJESWINI
Location: HIGH        AND:
COURT OF
KARNATAKA
                      1.    STATE OF KARNATAKA,
                            REPRESENTED BY ITS SECRETARY,
                            HOME DEPARTMENT,
                            VIDHANA SOUDHA,
                            BENGALURU - 560 001.

                      2.    THE SUPERINTENDENT OF POLICE,
                            OFFICE OF SUPERINTENDENT OF POLICE,
                            OLD DC OFFICE ROAD, BANNANJE CIRCLE,
                            BANNANJE, UDUPI - 576 101.
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                                                    NC: 2023:KHC:36279
                                                  WP No. 7782 of 2023




3.   THE COMMISSIONER,
     UDUPI CITY MUNICIPALITY,
     UDUPI - 576 101.

4.   STATION HOUSE OFFICER,
     MANIPAL POLICE STATION,
     MANIPAL - 576 104.
                                                         ...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP)

      THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENTS       NOT   TO       INTERFERE          IN    THE    LAWFUL
ACTIVITIES    CARRIED      ON    BY    THE        PETITIONER     IN     THE
BUSINESS PREMISES OF THE PETITIONER AND ETC.,

      THIS PETITION, COMING ON FOR ORDERS, 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 partnership firm engaged in

the business of food services restaurant providing space for

smoking hookah. The petitioner is seeking a writ of

mandamus directing the respondent-police authorities not to

NC: 2023:KHC:36279 WP No. 7782 of 2023

interfere with the business of the petitioner including the

service of hookah to 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

NC: 2023:KHC:36279 WP No. 7782 of 2023

respondent shall not insist upon the petitioner to obtain

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.

NC: 2023:KHC:36279 WP No. 7782 of 2023

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