The trade license, issued in favour of the petitioner was expired in 2011 and as such, the prayer - A does not survive for consideration.
2. The petitioner is the owner of a restaurant / cafe and the officials of the respondents - BBMP have raided the petitioner's premises and seized hookah paraphernalia from the premises without any notice to the petitioner and without any authority of law. Hence, this writ petition seeking direction to the respondents - BBMP to refrain from interfering from the business carried on by the petitioner.
3. The issue, whether the respondents - BBMP have the jurisdiction to initiate any action for providing services for smoking tobacco through hookah without obtaining license was examined by a co-ordinate bench of this Court in W.P. No.14226/2015 dated 03.09.2015 wherein, this Court directed the respondents herein not to insist to obtain license for the use of hookah in the smoking zone provided by the petitioners therein in their premises, if such facility is provided only for smoking tobacco through hookah. 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. Hence, this writ petition also requires to be disposed of in the light of the order passed by the co- ordinate Bench of this Court in WP. No.14226/2015.
5. Accordingly, this writ petition is disposed of directing the respondents not to insist upon the petitioner to obtain license for the use of hookah 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. Sd/- JUDGE