M/S Melt In Cafe vs. Government Of Karnataka
Held
The Court directed the petitioners to exclusively earmark a separate area with an appropriate enclosure for hookah smoking. The police were instructed not to harass the petitioners but were permitted to inspect with prior notice if necessary for law and order.
Facts
Petitioners, running a café and restaurant with a separate smoking zone for hookah, faced interference from police who questioned their hookah service. The petitioners argued no special license was needed for hookah in a designated smoking area.
Key Issues
Whether the police can interfere with the operation of a hookah smoking facility in a designated smoking zone within a restaurant without specific prohibition or license requirement.
AI-generated summary — verify with the full judgment below
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51171/2019(GM-POLICE) BETWEEN:
1 . M/S MELT IN CAFÉ, BEING A PARTNERSHIP FIRM AT NO.44, MADAPURA GATE MAYAGANAHALI, NATIONAL HIGHWAY-275 RAMANAGARA TALUK RAMANAGARA DISTRICT PIN-562128. REPTD. BY ITS PARTNER MAHESH M N
2 . MAHESH M N S/O NANJUNDAIAH AGED 37 YEARS PARTNER M/S MELT IN CAFE AT NO.44, MADAPURA GATE MAYAGANAHALLI NATIONAL HIGHWAY-275 RAMANAGARA TALUK RAMANAGARA DISTRICT-562128. 3 . PATIL KESHAV MOORTHI SHIVAPPA S/O SHIVAPPA, AGED 36 YEARS PARTNER, M/S MELT IN CAFE AT NO.44, MADAPURA GATE MAYAGANAHALLI NATIONAL HIGHWAY-275 RAMANAGARA TALUK RAMANAGARA DISTRICT-562128 ...PETITIONERS
(BY SRI MALLA REDDY B. V., ADVOCATE)
2
AND:
1 . GOVERNMENT OF KARNATAKA REPTD. BY THE PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA BENGALURU-560001
2 . THE SUPERINTENDENT OF POLICE RAMANAGARA DISTRICT RAMANAGARA, PIN-562129
3 . DEPUTY SUPERINTENDENT OF POLICE RAMANAGARA SUB DIVISION RAMANAGARA, PIN-562129
The judgment continues below.
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