BURNOUT VENTURES Vs. GOVERNMENT OF KARNATKA

JUDGEMENT

(1.) The petitioners filed the present writ petition for a writ of mandamus to direct the respondents not to interfere with the legal activities of the petitioners under the guise of inspection, raids and not to harass the petitioners at periodical intervals without any notice.

(2.) It is the case of the petitioners that petitioner No.1 is a partnership firm and petitioner Nos.2 is its partner. They are running the restaurant and by obtaining registration under Food Safety and Standards Act, 2006 along with other required permissions and registrations under the GST Act, Labour Act, Shops and Establishments Act etc., in the name and style "Burnout" at Sy.No.24, Pattareddy Palya village, near Kaggalipura, Kanakapura Taluk, Bengaluru South Taluk, Bengaluru -560082. To run the said firm, the petitioners have taken the land on rent basis. In the process of doing the business, the petitioners are providing beverages, food and snacks to the customers. The petitioners have earmarked a separate smoking zone in the said premises which is not connected with the space provided for serving food, beverages and snacks and in the said smoking zone, the customers are allowed to smoke. The petitioners have provided hookah smoking facility in the smoking zone.

(3.) When things stood thus, the 5th respondent caused a notice dated 09.09.2019 stating that the petitioners are providing hookah service illegally by violating the rules and therefore, sought explanation and produce documents to show that they have got permissions/licence to run the hookah bar. The petitioners submitted their explanations stating that for running hookah bar, there is no need/necessity to obtain licence/permission from any authority under any law for the time being in force, as it is nothing but smoking the tobacco and tobacco products by inhaling the water vapour coming out of the hookah jar and the petitioners have been providing the said facility to their customers in the specific smoking zone provided for the said purpose in their premises. In spite of the same, the respondents are interfering with the petitioners' day to day business and therefore, filed the present writ petition for the relief sought for.