Hyderabad Times Cafe vs. The State Of Telangana
Facts
The petitioner, Hyderabad Times Cafe, represented by its partner, filed a writ petition seeking a direction to the Station House Officer (SHO) of Jubilee Hills Police Station to consider their representation dated January 25, 2024. The petitioner sought to serve hookah to customers in accordance with the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade Commerce Supply and Distribution) Act, 2003 (COTPA Act), and referencing common orders dated November 15, 2023, in Writ Petition No. 8223 of 2013 and batch. The petitioner also filed an interim application seeking a direction to allow them to serve hookah pending the disposal of the writ petition. The learned counsel for the petitioner submitted that the issue was covered by the aforementioned common order. The learned Assistant Government Pleader for Home did not dispute this fact.
Held
The High Court disposed of the Writ Petition in terms of the common order dated November 15, 2023, passed in W.P. No. 8223 of 2013 and batch. The Court noted that the learned counsel for the petitioner submitted that the issue raised in the present writ petition was squarely covered by the aforementioned common order. The learned Assistant Government Pleader for Home did not dispute this fact. Consequently, the Court found no reason to deviate from the established precedent and disposed of the petition accordingly, without imposing any costs. The operative direction was to dispose of the writ petition in terms of the common order.
Key Issues
1. Whether the petitioner is entitled to a writ of mandamus directing the SHO, Jubilee Hills Police Station, to consider their representation dated January 25, 2024, for serving hookah, in accordance with the COTPA Act and previous High Court orders? (Question of law and fact, turning on Article 226 of the Constitution of India and the COTPA Act). Petitioner's contention: The petitioner argued that the issue is squarely covered by the common order passed by the High Court in W.P. No. 8223 of 2013 and batch, dated November 15, 2023, and therefore, the present writ petition should be disposed of in terms of that order. They sought to serve hookah as per the COTPA Act and common orders, and requested interim directions to allow them to serve hookah pending disposal. Respondents' contention: The learned Assistant Government Pleader for Home did not dispute the petitioner's submission that the matter was covered by the previous common order.
Sections Cited
Article 226, COTPA Act, 2003, Writ Petition No. 8223 of 2013
AI-generated summary — verify with the full judgment below
[ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) THUR AY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 2569 OF 2024 Between: Hyderabad Times Cafe, Having its premises at ASMA ESTATE, 6th Floor, PIot No.806, Road No.36, Jubilee Hills, Represented by its partner Mr.
Mohammed Zishaan Ahmed, ...PETITIONER AND 1 The State of Telangana, Represented by its Principal Secretary, Home Department, Hyderabad, T.S.
The Station House Officer, Jubilee Hills Police Station, Hyderabad. ...RESPONDENTS Petitron under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction, particularly one in the nature of Writ of Mandamus, directing the Respondent No.2 i.e., SHO of PS Jubilee Hills to immediately consider the petitioneds representation dated 25101124 in accordance with the law of the COTPA Act, as well as common orders dated 1511112023 in Writ Petition number 8223 of 2013 and batch. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the
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