Telangana High Court
M/S. The Story Cafe, vs The State Of Telangana, on 28 May, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
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THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.15283 of 2025
ORDER:
The action of respondent authorities in interfering with the petitioner’s
business, under the name and style “The Story Café”, at Plot Nos.55 and 60,
Kompally, Medchal-Malkajgiri, in serving “Flavored Hookah”, is challenged
as illegal and contrary to the provisions of COTP Act, 2023.
2. Heard Mrs. Devineni Radha Rani, learned counsel for the petitioner; and
learned Government Pleader for Home. Perused the record.
3. When the matter is taken up, it is represented by the learned counsel that
the subject matter of this writ petition is covered by the Common Order dated
15.11.2023 passed by this Court in W.P.No.8223 of 2013 and batch; and
therefore similar order may be passed in this writ petition also.
4. This Court disposed W.P.No.8223 of 2013 and batch, by Common
Order dated 15.11.2023, by observing as follows:
“24. In view of the above discussion, this Court is of the opinion that
imposing of certain conditions to run the Hookah Centres would meet the
ends of justice.
i) As Charcoal is being used for serving hookah in the Hookah
Centres, the petitioners shall obtain licence from the Municipal
Corporation as specified under Section 521(1)(b) of Greater
Hyderabad Municipal Corporation Act, 1955.
ii) Since the Hyderabad City Police Act, 1348 Fasli confers power
over the amusement Centres/restaurants which are defined as
“public place” under the COTP Act and as per Rule 4 of the
Prohibition of Smoking in Public Places Rules, 2008 permission is
required specifying smoking area. Therefore, to establish hookah
2centres, the petitioners shall obtain necessary permission from the
concerned authority under the provisions of the City Police Act.
iii) The Hookah Centres are prohibited from serving any tobacco
product to the persons below the age of eighteen years. Pictorial
health-warning labels at the entrance must be displayed.
iv) The respondents-police are at liberty to supervise and inspect
the Hookah Centres, for any violation of rules and regulations,
guidelines or circulars issued under the provisions of the
Hyderabad City Police Act, 1348 Fasli.
v) If there is any violation of the provisions of the COTP Act and the
Rules made thereunder, the respondents-police are at liberty to take
appropriate action as per the provisions of the COTP Act.
25. Subject to fulfilling the above conditions and also the provisions of COTP
Act, the respondents-police are directed not to interfere with the business
activity of the petitioners for running Hookah Centres. If the police are found
to act in a highhanded manner, the owners of the Hookah Centres are at
liberty to bring the same to the notice of the Director General of
Police/Commissioner of Police, as directed by this Court in Writ Petition
No.3202 of 2014 and batch, in which event the said authority shall forthwith
take necessary steps in that regard.”
5. Considering the respective submissions, this writ petition stands
disposed of in terms of the Common Order dated 15.11.2023 in W.P.No.8223
of 2013 and batch, and for the reasons alike. No costs. Miscellaneous petitions
pending, if any, shall stand closed.
________________________________
JUSTICE NAGESH BHEEMAPAKA
Date: 28th May, 2025
Note 1: Registry to annex a copy of the
Common Order dated 15.11.2023 in
W.P.No.8223 of 2023 to this order.
Note 2: Issue C.C. by tomorrow
B/o ksm
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THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.15283 of 2025
28th May, 2025
ksm