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Telangana High Court

Sri.Abhiram Agarwal S/O. Sri Jaganath ... vs The Commissioner Of Police on 10 November, 2020

Author: P.Naveen Rao

Bench: P.Naveen Rao

           HONOURABLE SRI JUSTICE P.NAVEEN RAO

              WRIT PETITION NO.41410 of 2015

                       Date:10.11.2020

Between:

Sri Abhiram Agarwal S/o.Sri Jaganath Agarwal,
Aged about 34 yrs, Occu : Business,
R/o.Plot No.1196, D.No.8-2-293/82,
Road No.59, Jubilee Hills,
Hyderabad-033
                                                .....Petitioner

     And

The Commissioner of Police,
Cyberabad, State of Telangana,
Cyberabad Commissionerate,
Near Old Mumbai road,
Khajaguda, Manikonda,
Hyderabad & & others.
                                                .....Respondents




The Court made the following:
                                    -2-



             HONOURABLE SRI JUSTICE P.NAVEEN RAO

                WRIT PETITION NO.41410 OF 2015

ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.

2. Petitioner claims to be running coffee shop by name KAFFEINE Plot No.S2, Sy.No.1050, Manjeera Mall, KPHB Colony, Hyderabad, Ranga Reddy District. Petitioner claims that he was serving Hookahs in different flavours as per the requirement of the customers. There is no prohibition of serving of Hookahs in different flavours and, therefore, action of police in preventing the petitioner from serving flavoured Hookahs is illegal.

3. According to learned Assistant Government Pleader, Government has specifically prohibited serving of flavoured Hookahs and, therefore, no exception can be carved in the case of petitioner. According to learned Assistant Government Pleader, this issue was considered by this Court in WP.No.3202 of 2014 and batch. By judgment dated 27.01.2017 this Court declared that the action of police in preventing serving of flavoured Hookahs as legal and valid and dismissed the writ petitions. In fact this Court also directed the Director General of Police to take action against the officers responsible for allowing the Restaurants to be used as Hookah Centers.

4. I am in respectful agreement with the view expressed by this Court in the above decision and this writ petition deserves to be dismissed.

-3-

5. Accordingly, the writ petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J 10th November, 2020 Rds HONOURABLE SRI JUSTICE P.NAVEEN RAO -4- WRIT PETITION NO.41410 of 2020 Date: 10.11.2020 Rds