B.Santhosh, Hyd vs. Commissioner Of Police, Hyd And 3 Others
Facts
The petitioner, Sri. Bakka Santosh Goud, sought a writ of mandamus to allow him to continue his business of serving flavoured hookahs at his coffee shop, "AMIGOS COFFEE LOUNGE," without hindrance, except as provided by law. The petitioner argued that the issue was covered by a previous common order of the High Court. The respondents, represented by the Assistant Government Pleader for Home, did not dispute this fact. The writ petition was filed under Article 226 of the Constitution of India. The matter was heard along with numerous other writ petitions concerning similar issues related to hookah parlours and serving hookah.
Held
The Court held that the issue raised in the present writ petition is squarely covered by the common order passed by the High Court in W.P.No.8223 of 2013 and batch dated 15.11.2023. Consequently, the Court disposed of the present Writ Petition in terms of the aforementioned common order. The reasoning is based on the petitioner's submission that the matter is covered by a prior judgment and the respondents' lack of dispute. The operative direction is to dispose of the writ petition in terms of the common order. No costs were awarded. The judgment does not expressly leave any issue undecided.
Key Issues
1. Whether the petitioner is entitled to a writ of mandamus directing the respondent authorities to permit him to continue his business of serving flavoured hookahs in his coffee shop without hindrance, except as provided by law, based on a previous common order of the High Court? (Question of law and fact, turning on the interpretation and application of Article 226 of the Constitution of India and the previous High Court order). Petitioner's contention: The issue raised in this writ petition is squarely covered by the common order passed by this Court in W.P.No.8223 of 2013 and batch dated 15.11.2023, and therefore, the present writ petition may be disposed of in terms of the said order. Respondents' contention: The learned Assistant Government Pleader for Home did not dispute the petitioner's submission.
AI-generated summary — verify with the full judgment below
[ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) MONDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRIJUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 12757 OF 2016 Between: Sri. Bakka Santosh Goud, Sio. Sri. Ravikiran Goud Aged about 30 years, Occ Business, R/o. H.No. 5-272, Chandra Nagar, Chintal, Tirumalagiri HMT Township' Hvderabad - 500 054 ...pETrroNER AND1. The Comm.issioner of Police, Cyberabad, State of Telangana Cyberabad Commissionarate Near Old Mumbai Road, Khajaguda, Manikonda, Hyderabad.
The Deputy Commissioner of Police, Cyberabad Commissionarate Near Old Mumbai Road, Khajaguda, Manikonda, Hyderabad.
The Station House Officer, Raidurgam Police Station, Near Khaiaguda Y. Road, Raidurgam, Hyderabad.
The State of Telangana, Rep. by Secretary, Department of Home, Secretariat' HYderabad' ..RESP.NDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, directing the respondent authorities t
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