Smt. Manjula Devi J vs. Government Of Karnataka
Held
The Court directed the petitioner to exclusively earmark a separate area with an enclosure for hookah smoking. The police were also directed not to harass the petitioner but were permitted to inspect the premises periodically with prior notice if necessary for law and order.
Facts
The petitioner, a café owner, sought a writ of mandamus to prevent police interference with her business. The police had forcibly closed her hookah facility, claiming it was illegal and in violation of rules.
Key Issues
Whether police interference in the petitioner's business of providing hookah in a designated smoking zone was justified, and what conditions should be imposed for its operation.
AI-generated summary — verify with the full judgment below
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2019
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51316/2019(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-562159. ...PETITIONER
(BY SRI MALLA REDDY B. V., ADVOCATE)
AND:
1 . GOVERNMENT OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU-560001
2 . THE SUPERINTENDENT OF POLICE RAMANAGARA DISTRICT, RAMANAGARA-562159
3 . DEPUTY SUPERINTENDENT OF POLICE RAMANAGARA SUB DIVISION, RAMANAGARA-562159
4 . THE CIRCLE INSPECTOR OF POLICE/ STATION HOUSE OFFICER
2 RAMANAGARA RURAL CIRCLE, RAMANAGARA TALUK AND DISTRICT-562159. …RESPONDENTS
(BY SRI M. VINOD KUMAR, ADDITIONAL GOVERNMENT 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 LEGAL ACTIVITIES OF THE PETITIONER
The judgment continues below.
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