The petitioner is before this Court seeking direction to the respondents not to interfere in the business of the petitioner including serving of Hooka to its customers in the smoking area in the premises of the petitioner as described in the schedule to the petition. In that regard the petitioner is seeking that the respondent be directed not to insist on obtaining a separate licence for the said purpose.
2. The petitioner is carrying on the business of Snacks Bar and is serving coffee and other products in the premises bearing No.940, 20th Main, BSK 2nd Stage, Bengaluru 70. The grievance of the petitioner is that the respondents are interfering with their business to prevent the smoking through Hooka, which is being permitted in the smoking area of the Snacks Bar.
3. Though several contentions are urged in this petition, the details of the same need not be adverted to since the same issue had arisen for consideration before this Court in W.P.No.14226/2015. This Court by the order dated 03.09.2015 has ordered as follows:
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.
4. In the instant case also the respondents are therefore directed not to insist upon the petitioner to obtain separate licence for the use of Hooka in the smoking zone provided by the petitioner in the premises. However, the respondents on credible information or otherwise may inspect and monitor the activities of the petitioner and if any illegal activity is found whereby banned substance is being used or persons who cannot be permitted in law are being allowed to smoke Hooka, appropriate action in that regard shall be taken by the respondents in accordance with law. In terms of the above, petition stands disposed of. Sd/- JUDGE SPS/bms