Smt. Nisarga M.Gowda 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 but were permitted to inspect the premises periodically with prior notice if necessary for law and order.
Facts
The petitioner, a proprietrix of a restaurant and café, sought a writ of mandamus to prevent police interference with her business. The police had forcibly closed the hookah facility, claiming it was illegal and in violation of rules.
Key Issues
Whether the police can interfere with the petitioner's business of providing hookah in a designated smoking zone, and whether the petitioner needs a special license for this facility.
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.51192/2019(GM-POLICE) BETWEEN:
SMT. NISARGA M.GOWDA W/O HEMANTH KUMAR AGED 30 YEARS, PROPRIETRIX M/S FILTER CAFE, THE NEW BANGALORE CLUB, NO.134, JANATHA COLONY, NEAR KENCHANAKUPPE GATE, BIDADI, RAMANAGARA TALUK, RAMANAGARA DISTRICT, PIN-562109. ...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-560001. 2 . THE SUPERINTENDENT OF POLICE RAMANAGARA DISTRICT, RAMANAGARA-562129. 3 . DEPUTY SUPERINTENDENT OF POLICE RAMANAGARA SUB DIVISION, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562129. 2 4 . THE CIRCLE INSPECTOR OF POLICE RAMANAGARA RURAL CIRCLE, RAMANAGARA-562129. 5 . STATION HOUSE OFFICER, BIDADI POLICE STATION, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562129. …RESPONDENTS
(BY SRI M. VINOD KUMAR, ADDITIONAL GOVERNMENT ADVOCATE) ……
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTI
The judgment continues below.
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