(1.) Conglomeration of these cases raise a challenge to the notification dtd. 7/2/2024, issued by the respondent/Health and Family Welfare Department, by which a complete ban on sale of Hookah, in any public place in the State, is imposed. Since all the petitions raise a common challenge and project common grounds on such challenge, these petitions are taken up together and considered by this common order. The matters are heard with consent of parties. For the sake of convenience the pleadings and grounds urged in Writ Petition No.4461 of 2024, which are common in all the other writ petitions, would be taken note of.
(2.) Succinctly stated, facts germane are as follows:-
(3.) When things stood thus, Government of Karnataka comes up with the impugned notification dtd. 7/2/2024, by which the Government imposes a blanket ban on sale of hookah and in all its forms. The ban is imposed taking recourse to two enactments viz., The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter referred to as 'COTPA' for short) and the Karnataka Poisons (Possession and Sale) Rules, 2015. The moment ban is clamped upon the restaurants for sale of any form of hookah in public places, these petitions have emerged before this Court.
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