R.DEVDAS J., (ORAL):
Learned High Court Government Pleader is directed to take notice for the respondents.
2. The petitioner is a proprietary concerned doing business of a cafe and providing space for smoking hookah. The
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petitioner is seeking a writ of mandamus directing the respondent-police authorities not to 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.
2. 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).
3. In that view, a similar benefit is required to be extended to the petitioner also. Hence, it is directed that the
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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.
4. 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.
(b) Under the guise of inspection, the respondent-jurisdictional police shall not harass the petitioner. However, it does not
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deter them from inspecting the premise at periodical intervals with notice to the petitioner, if necessary.
Ordered accordingly.
Sd/-
JUDGE
rv
CT: BHK