Karnataka High Court
M/S Mid East Shisha And Cafe vs The State Of Karnataka on 8 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:820
WP No. 28633 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 28633 OF 2023 (GM-POLICE)
BETWEEN:
M/S. MID EAST SHISHA AND CAFE,
HAVING ITS REGISTERED BUSINESS AT
D.NO. 3-29/2/2, GROUND FLOOR,
KONAJE VILLAGE, THIPLEPADAVU,
ASSAIGOLI, ULLAL TALUK,
D.K. DISTRICT - 574 199,
REPRESENTED BY ITS PROPRIETOR
MUJIB SAYYAD.
...PETITIONER
(BY SRI. LETHIF B., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed by REP. BY ITS SECRETARY,
PADMAVATHI B K
HOME DEPARTMENT,
Location: HIGH
COURT OF VIDHANA SOUDHA,
KARNATAKA BANGALORE - 560 001.
2. THE INSPECTOR GENERAL OF POLICE,
POLICE HEADQUARTERS,
#2, NRUPATHUNGA ROAD,
BANGALORE,
BANGALORE - 560 001.
3. THE COMMISSIONER OF POLICE,
NEAR POLICE TRAINING SCHOOL,
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WP No. 28633 of 2023
PANDESHWAR,
MANGALURU CITY,
D.K. DISTRICT - 575 001.
4. THE ASSISTANT COMMISSIONER OF POLICE,
NEAR FORUM MALL,
PANDESHWAR,
MANGALURU CITY,
D.K. DISTRICT - 575 001.
5. THE INSPECTOR OF POLICE,
KONAJE POLICE STATION,
KAIRANGALA VILLAGE,
MUDIPU,
D.K. DISTRICT - 574 153.
6. THE INSPECTOR OF POLICE,
ULLALA POLICE STATION,
ULLALA,
D.K. DISTRICT - 575 020.
...RESPONDENTS
(BY SRI. MANJUNATH, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTION THE
RESPONDENTS TO NOT TO INTERFERENCE IN THE BUSINESS
OF THE PETITIONER INCLUDING THE SERVICE OF HOOKA TO
ITS CUSTOMER IN THE SMOKING AREA IN THE PETITIONERS
SHOP PREMISES.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 28633 of 2023
ORDER
Heard Sri. Lethif B., learned counsel appearing for the
petitioner and Sri. Manjunath, the learned HCGP appearing for
the respondents.
2. The petitioner is before this Court, seeking for the
following prayers:
" Issue a writ of Mandamus or in the nature thereof or
any other appropriate writ, order or direction, directing
the respondents to not to interference in the business
of the petitioner including the service of Hooka to its
customer in the smoking area in the petitioner's shop
premises.
To pass any such order as this Hon'ble Court deems fit
in the circumstances of the case in the interest of
justice and Equity. "
3. The learned counsel appearing for the petitioner
would submit that the issue in the lis stands covered by the
judgment rendered by a Co-ordinate Bench in the case of
MR. M.B. SHIVAKUMAR Vs. STATE OF KARNATAKA AND
OTHERS.1, the Co-ordinate Bench has held as follows:
"Sri Govindaraj K. Joisa, learned counsel for the
petitioner.
Sri B.Balakrishna, learned Additional Government
Advocate for the respondents.
W.P.No.30673/2019 disposed on 24.07.2019
NC: 2024:KHC:820
2. The matter is taken up for hearing with the
consent of the parties. It is heard finally.
3. Petitioner is before this Court seeking a writ
of mandamus to respondents not to interfere with the
lawful activities carried on by the petitioner. Petitioner is
said to be running a restaurant wherein the customers
are permitted to smoke hooka and respondents are
alleged to have interfered with the business of petitioner.
Hence, petitioner is before this Court for issue of writ of
mandamus to the respondents not to interfere with his
business.
4. Under similar circumstances, Coordinate
Bench of this Court by order dated 27.02.2017 passed in
W.P.No.8140/2017 had considered these aspects and
after taking note of the order passed in
W.P.No.14226/2015 on 03.09.2015 had held as under:
"4. If that be the position, the use of the
instrument known as Hooka cannot be prohibited
as long as such smoking is of Tobacco through the
Hooka and no other prohibited substance is used.
Therefore, if the said Hooka is used for any other
illegal purpose, certainly the law enforcing
authorities including the jurisdictional police would
be entitled to take appropriate action in
accordance with law.
5. Therefore, the only direction that is required
to be issued in the instant petition to the
respondents is not to insist upon the petitioner to
obtain licence for the use of Hooka in the smoking
zone provided by the petitioner in their premises,
if such facility is provided only for smoking
Tobacco through Hooka. However, if any credible
information is received and in the process of
monitoring, if any illegal activity is found including
use of any banned substance, certainly the
respondents or such other law enforcing
authorities would be entitled to take action in
accordance with law."
In that view of the matter, petitioner would be entitled
for similar relief.
NC: 2024:KHC:820
5. At this juncture, learned Government
Advocate would submit that alleged customers of the
petitioner-restaurant under the guise of smoking hooka
are likely to indulge in activities, which are unlawful and
as such, police authorities should be permitted to keep a
check and also smoking having been prohibited in public
places, exclusive area for smoking hooka is to be
earmarked by the petitioner in the business premises,
where the hotel being run and as such, he prays for
additional condition also being imposed on petitioner.
6. Said contention deserves to be accepted for
the simple reason that under the guise of smoking
hooka, customers at the petitioner-restaurant cannot be
allowed to use ganja marijuana, etc. That apart,
smoking of hooka should not cause inconvenience to
other customers since smoking having been prohibited in
public places, an exclusive area with separate enclosure
requires to be reserved for hooka bar. Hence, in addition
to the conditions noted hereinabove an additional
condition requires to be imposed on the petitioner and it
shall be as under:
(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 hooka smoking and no other
area or portion of premise shall be used by
the customers of the petitioner for smoking
hooka.
(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.
7. In that view of the matter, instant petition is
disposed of by imposing the conditions in the order dated
03.09.2015 passed in W.P.No.8140/2017 and also the
additional conditions as noted above. Respondents are
hereby directed not to interfere with the legal activities
of petitioner. However, liberty as indicated hereinabove
would be available to the competent authorities to
NC: 2024:KHC:820
proceed in accordance with law, if any illegal activities
are found in the premises of petitioner.
Ordered accordingly."
4. In the light of the issue standing covered by the
judgment rendered by a Co-ordinate Bench and the facts being
undisputed, the petition stands disposed on the same terms.
Ordered accordingly.
Sd/-
JUDGE
SJK
CT:SNN
