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2023 DIGILAW 1239 (KAR)

Twin Spoon LLP v. State of Karnataka

2023-10-25

M.NAGAPRASANNA

body2023
JUDGMENT 1. The petitioner in the subject petition seeks for a direction by issuance of a writ in the nature of mandamus to direct the respondents not to insist on the petitioner to obtain license for the use of the Hookah in the Smoking Zone provided by the petitioner being run under the name and style as 'M/s. Twin Spoon LLP'. 2. Heard Sri. Govindaraj K. Joisa, learned counsel appearing for the petitioner and Sri. Manjunath K., learned High Court Government Pleader appearing for the respondents. 3. The learned counsel for the petitioner would submit that the issue in the case at hand stands covered by the judgment rendered by the Co-ordinate Bench of this Court in W.P.No.5179/2020, disposed of on 9/3/2020, wherein it is held as follows: "2. The learned Counsel for the petitioner submits that the petitioner has been running "Pipes and Vibes Hooka Parlour" in a premises situated at No.1897/1D, B.M. Road, Hanumanthanagar, Channapatna, Ramanagara District. 3. It is submitted that the Hookah parlour is a separate premises not being attached to the other place where food and beverages are served to the customers. It is submitted that inspite of the petitioner complying with the required law governing establishment of Hookah Bars, the respondents-police are interfering in the affairs of the petitioner. 4. In this regard, the learned Counsel draws the attention of this Court to a decision of a co-ordinate Bench where the factual matrix is similar to the one on hand. In W.P.No.52281/2019 which was disposed of on 17/12/2019, the co-ordinate Bench has considered a similar situation and held that if a licence is obtained from the concerned authorities and in compliance of the requirement of having a separate smoking/hookah zone, and when no inconvenience is caused to the other customers who visit the restaurant where food, beverages and snacks are served, then the respondent-Police should not interfere with the affairs of such hookah bars unless and until there is a specific violation of any provision of law. However, the said writ petition was disposed of with the following directions: "(i) The petitioner shall earmark exclusively a separate area/place with appropriate enclosure in the restaurant premises and necessarily for the purpose of hookah smoking and no other area or portion of premises shall be used by the customers of the petitioner for smoking hookah. However, the said writ petition was disposed of with the following directions: "(i) The petitioner shall earmark exclusively a separate area/place with appropriate enclosure in the restaurant premises and necessarily for the purpose of hookah smoking and no other area or portion of premises shall be used by the customers of the petitioner for smoking hookah. (ii) Under the guise of inspection, the respondent-police authorities shall not harass the petitioners. However, it does not deter them from inspecting the premises at periodical intervals with prior notice to the petitioner, if necessary, to maintain the law and order." 5. The learned AGA would not dispute such a position. 6. Therefore, this petition is disposed of with the same directions/conditions which were imposed by the co-ordinate Bench in W.P.No.52281/2019. The petition stands disposed of in the above terms." 4. In the light of the order passed by the Co-ordinate Bench of this Court (supra) and for the reasons rendered therein, I deem it appropriate to dispose the subject petition following the said order. 5. Ordered accordingly.