JAN HITAY JAN SUKHAYA Vs. GOVERNMENT OF RAJASTHAN

JUDGEMENT

(1.) The writ petitioner in the public interest litigation has approached this Court with the prayer to direct the Municipal Corporation, Jaipur to strictly enforce and also incorporate the conditions mentioned in the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short-'COTPA, 2003') and the Prohibition of Smoking in Public Places Rules, 2008 (for short-'the Rules of 2008') in their licence with a warning that breach of any of those provisions shall entail cancellation of the licence. Other petitioners have approached this Court alleging harassment by police in the name of enforcement of aforementioned laws.

(2.) Since the public interest litigation was laid before the division bench, the writ petitions, which were filed before the Single Bench, were ordered to be clubbed therewith. This is how all the matters are listed before the Division Bench today.

(3.) The learned Single Judge of this Court, while issuing notice, in the writ petitions nos.11534/19, 11605/19, 11811/19 and 11817/19 to the respondents, passed the interim order in the following terms: