M/S Burnout Ventures vs. Government Of Karnataka
Held
The Court directed the petitioners to exclusively earmark a separate area with an enclosure for hookah smoking within their restaurant premises. The police were also directed not to harass the petitioners under the guise of inspection but were permitted to inspect periodically with prior notice if necessary for law and order.
Facts
The petitioners, who run a restaurant and café with a separate smoking zone offering hookah, were issued a notice by the police for allegedly violating rules by providing hookah service. The petitioners contended that no special license is required for this activity and that they are not causing inconvenience.
Key Issues
Whether the police can interfere with the operation of a restaurant's designated smoking zone offering hookah without specific legal prohibition or requirement for a special license. The issue also concerns the extent of police authority to inspect and prevent alleged unlawful activities.
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.51175/2019(GM-POLICE) BETWEEN:
M/S BURNOUT VENTURES BEING A REGISTERED PARTNERSHIP FIRM AT NO 24, PATTAREDDY PALYA, NEAR KAGGALIPURA, KANAKAPURA ROAD, BANGALORE SOUTH TALUK, BANGALORE URBAN 560082 REPTD. BY ITS PARTNER MR. KALYAN B. S.,
2 . MR. KALYAN B. S., S/O B. S. SRINIVASA MURTHY, AGED 27 YEARS, PARTNER, M/S BURNOUT VENTURES, AT NO 24, PATTAREDDY PALYA, NEAR KAGGALIPURA, KANAKAPURA ROAD, BANGALORE SOUTH TALUK, BANGALORE URBAN 560082. ...PETITIONERS
(BY SRI MALLA REDDY B. V., ADVOCATE)
AND:
1 . GOVERNMENT OF KARNATKA REPTD. BY THE PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU 560001. 2 . THE SUPERINTENDENT OF POLICE RAMANAGARA DISTRICT, RAMANAGARA 560001. 2 3 . DEPUTY SUPERINTENDENT OF POLICE RAMANAGARA SUB DIVISION, RAMANAGARA 562129. 4 . THE CIRCLE INSPECTOR OF POLICE HAROHALLI CIRCLE, KANAKAPURA ROAD, BANGALORE 562112
5 . STATION HOUSE OFFICER KAGGALIPURA POLICE STA
The judgment continues below.
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