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AUBURN HOSPITALITY @ CAFE AZZURE v. THE STATE OF KARNATAKA

Karnataka High Court
Sep 29, 2022

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 29THDAY OF SEPTEMBER, 2022

BEFORE

THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO.17815 OF 2022(GM-POLICE)

BETWEEN:

AUBURN HOSPITALITY @ CAFÉ AZZURE,

REPRESENTED BY ITS MANAGING PARTNER,

MR MOHAMED ANAS MERCHANT,

S/O ASHRAF MERCHANT,

AGED ABOUT 32 YEARS,

REG OFF AT FLAT NO.A, WILOCRISA APARTMENT,

NO.14, REST HOUSE CRESCENT,

OFF CHRUCH STREET, BENGALURU - 560 001.

...PETITIONER

(BY SRI. NISHAD S A,ADVOCATE)

AND:

1. THE STATE OF KARNATKA,

REP BY ITS SECRETARY,

HOME DEPARTMENT,

VIDHANA SOUDHA,

BANGALORE - 560 099.

2. THE INSPECTOR GENERAL OF POLICE,

BANGALORE, BANGALORE - 560 001.

3. THE SUPERINTENDENT OF POLICE,

BANGALORE RURAL, DEVANAHALLI DIVISION,

BANGALORE, KARNATAKA - 562 110.

4. THE DEPUTY SUPERINTENDENT OF POLICE,

BANGALORE RURAL, DEVANAHALLI DIVISION,

BANGALORE, KARNATAKA - 562 110.

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5. THE CIRCLE INSPECTOR OF POLICE,

BANGALORE RURAL, CHIKKAJALA POLICE STATION,

DEVANAHALLI DIVISION,

BANGALORE, KARNATAKA - 562 157. … RESPONDENTS

(BY SRI.VINOD KUMAR M, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

DIRECT THE REPSONDENTS 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 ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:-

ORDER

The subject matter of this writ petition is substantially similar to the one in W.P.No.23275/2018 (GM-POLICE) between PNB VENTURES Vs. THE STATE OF KARNATAKA & OTHERS, disposed off by a Coordinate Bench of this Court on 30.05.2018.

2. Learned AGA is more than justified in submitting that in addition to conditions stipulated in the cognate judgment, the petitioner has to abide by the COVID-19/Omicron related-regulations/restrictions; and the petitioner agrees to the same.

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3. The Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed off on 11.12.1974, has held that the Court should treat the like-cases alike and if relief is granted to a litigant, it has to be extended to similarly circumstanced litigants as well, there being no derogatory circumstances.

In view of the above, this writ petition is disposed off granting relief to the petitioner in terms of the cognate judgment mentioned above; impugned notice is quashed with liberty to the police to take action in the event any of the conditions, including the covid-19/Omicron related ones are violated.

All contentions are kept open.

No costs.

Sd/-

JUDGE

Bsv