Smt Manjula Devi J vs. Government Of Karnataka
Held
The Court directed the petitioner to exclusively earmark a separate area with an appropriate enclosure for hookah smoking. The police were also directed not to harass the petitioner under the guise of inspection but could inspect with prior notice if necessary for law and order.
Facts
The petitioner, a proprietrix of a café, sought a writ of mandamus to prevent police interference with her business, which included providing hookah/smoking facilities. The police had forcibly closed the hookah facility, claiming it was illegal.
Key Issues
Whether the police can interfere with a café's business of providing hookah facilities, and if so, under what conditions. The need for specific licensing for hookah bars was also implicitly considered.
AI-generated summary — verify with the full judgment below
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.52281/2019(GM-POLICE) BETWEEN:
SMT. MANJULA DEVI J, W/O LOKESH C, AGED 31 YEARS, PROPRIETRIX NUEVA PREMIUM CAFE NO.2, INSIDE LOKESH HOUSE, KASABA HOBLI, MAYAGANAHALLI VILLAGE, AND POST, RAMANAGARA TALUK AND DISTRICT - 562 159. ...PETITIONER
(BY SRI MALLA REDDY B. V., ADVOCATE)
AND:
1 . GOVERNMENT OF KARNATAKA REPTD. BY THE PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA, BENGALURU - 560 001
2 . THE SUPERINTENDENT OF POLICE RAMANAGARA DISTRICT RAMANAGARA - 562 159
3 . DEPUTY SUPERINTENDENT OF POLICE RAMANAGARA SUB-DIVISION RAMANAGARA - 562 159
4 . THE CIRCLE INSPECTOR OF POLICE STATION HOUSE OFFICER
2 RAMANAGARA RURAL CIRCLE RAMANAGARA TALUK AND DISTRICT PIN- 562 159 …RESPONDENTS
(BY SRI M. VINOD KUMAR ADDITIONAL GOVERNMNET ADVOCATE) ……
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INTERFERENCE WITH THE RUNNING OF THE BUSINESS UN
The judgment continues below.
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