The petitioner told to court that the Bill amending the Cigarettes and Other Tobacco Products Act, 2003, which bans hookah bars, has been passed and the assent of the President is awaited
Published Date – 12 March 2024, 10:52 PM
Hyderabad: Justice CV Bhaskar Reddy of the Telangana High Court on Tuesday dealt with a writ plea filed by Red Brick Café, Banjara Hills, challenging the action of rejection orders of the commissioner for not granting permission to continue the hookah parlour section in the café.
The petitioner told to court that the Bill amending the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, (COTPA Act) which bans hookah bars, has been passed and the assent of the President is awaited. As such the café has the right to seek permission to run the hookah parlour. Since the Bill has not yet become a law, granting permission cannot be in violation before the eyes of law, the petitioner’s counsel said. The counsel further contended that the commissioner was previously directed by this court to consider the application to permit the hookah parlour but the commissioner rejected the same without considering the application which ultimately results in contempt.
Hearing the same, the judge commented in support of the commissioner stating that the commissioner rejected the application keeping in view that the Bill passed would get an assent sooner or later by the President and that the commissioner had not done any wilful deliberation in not considering the application. The petitioner’s counsel said that there is also a possibility that the President may not give assent and, therefore, sought directions to the commissioner to follow the previous order of the court to consider the application. The judge directed the state to file a counter within 2 weeks and adjourned the case to March 26.
Police told allow MLC to campaign
Justice CV Bhasker Reddy directed the Commissioner of Police, Cyberabad, Assistant Commissioner of Police, Shamshabad, and Station House Officer Nandigama PS not to restrict the free movement of Nagarkunta Naveen Kumar Reddy, the BRS MLC candidate from the Mahbubnagar constituency. The writ plea was filed challenging the actions of police in restricting and causing hindrance to the free movement of Naveen Kumar during campaigning. The petitioner said that the police were illegally and arbitrarily curbing his right to free expression and movement guaranteed under Articles 19 and 21 of the Constitution. Senior Counsel Prabhakar Rao representing the petitioner contended that the petitioner was participating in the MLC campaign, but the police were objecting and restricting him from participating in the election campaign because of the political rivalry. Speaking for the state, the Government Pleader said there were about 18 criminal cases registered against the petitioner and investigation was pending.
After hearing the rival contentions, the judge directed the police not to restrict Naveen Kumar and directed him to cooperate with police whenever required during the investigation.
‘Include MLA as Ex-Officio member’
Justice T Vinod Kumar directed the Medchal Malkajgiri Collector to undertake and complete the exercise of inclusion of the name of Ch Malla Reddy, MLA, as Ex-Officio member to any one of the municipalities falling within the jurisdiction of his constituency Assembly on or before March 14. Ch Malla Reddy, BRS MLA of the Medchal Assembly constituency, filed a writ plea challenging the action of the Medchal Collector in not enrolling the petitioner to one of the municipalities/municipal corporation within the Medchal constituency as an Ex-Officio member as per Section 5 of the Telangana Municipalities Act, 2019.
The petitioner’s counsel contended that Malla Reddy was an elected member and is entitled to be an Ex-Officio member of any municipality within the Medchal Assembly constituency. That despite submission of a representation in this regard, the Collector did not consider the same and such action fails to enable the petitioner to take part in any municipal proceedings. It is pertinent to note that when the Jawarharnagar Municipal Commissioner held a meeting to move a no-confidence motion against the Mayor of the said municipality, the petitioner was deprived of exercising his right to vote. On the other hand, the Special Government pleader told the court that the petitioner did not exercise the option to elect one of the municipalities falling within the jurisdiction of his Assembly constituency within 30 days from the date of conduct of elections and, therefore, the Collector could not consider his application.
However, the Collector had already initiated action for nominating the petitioner as an Ex-Officio member of the municipality and that necessary proceedings will be issued within two days, the government pleader said. Observing the same, the judge disposed of the matter, directing the Collector to include the name of the petitioner and to communicate the same to him.
Construction of temple
The High Court ordered to maintain the status quo in the construction of a Hanuman temple at Jiyaguda until the next hearing. Justice NV Shravan Kumar was dealing with a writ plea filed by Sudheer Kumar Tiwari alleging interference in the possession and enjoyment of his private property located at Imampura, Jiyaguda, Hyderabad. The petitioner contended that it is an ancestral property acquired by him from his forefathers. The counsel for the petitioner argued that the said temple was not registered and thereby the same should not be interfered with for construction in a private property.
On the other hand, the counsel for the Commissioner of Endowments contended that the temple had been registered. After hearing both sides, the judge directed to file a detailed counter and also asked the petitioner to file the previous proceedings which permitted interference in the temple. Accordingly, the court further directed to maintain the status quo and posted the matter to March 26.
