Indian Public School vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Dec 02, 2024

~3 min read

https://sooperkanoon.com/case/1877181

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1877181
Court: Karnataka Orders High Court
Judge: K. V. Aravind
Decided On: Dec 02, 2024
Case Number: WP/4589/2023

Parties & Advocates

Appellant / Petitioner

Indian Public School

Respondent

State of Karnataka

Excerpt

.....india praying to pass a writ of mandamus or any appropriate directions to the respondents, to take necessary actions to curb the menace caused around the petitioner school due to the sale and use of tobacco products and thereby give effect to the section of the copta act in a time bound manner, in respect to the petitioner school. this writ petition coming on for further hearing this day, order was made therein as under: coram: hon'ble mr justice k. v. aravindoral orderheard sri. p. freud richardson, learned counsel for the petitioner, sri. spoorthy hedge n., learned high court government pleader for respondent nos.1, 3 and 4 and sri.pavan kumar, learned counsel for respondent no.2.2. the grievance of the petitioner in the instant writpetition is regarding the opening of petty shops and selling tobacco products in violation of the provisions of the -3- cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003.3. this court directed the bruhat bengalurumahanagara palike and the police authorities to file affidavit on action taken. both the authorities have filed affidavits stating that the appropriate action has been taken by removing the tobacco products from the petty shops. the affidavits further indicate that the steps would be taken to remove the shops, if found unauthorized, in accordance with law.4. in response to the said affidavits, learned counsel forthe petitioner has filed affidavit dated 02.12.2024 wherein, it is stated that the petitioner is satisfied with the action taken by the respondent-authorities. it is further stated that there are no tobacco products sold in the said petty shops.5. in view of the submission of the learned counsel forthe petitioner, the grievance would not survive for further -4- consideration. however, petitioner is reserved liberty to seek appropriate remedy if the said illegal acts recur in future.6. it is further observed.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 4589 OF 2023 (GM-RES) BETWEEN:
1. INDIAN PUBLIC SCHOOL,
OFFICE AND SCHOOL PREMISES AT No.6A, OPPOSITE TO LIC OFFICE, JEEVAN BHIMA NAGAR, BENGALURU -560 075, REPRESENTED BY ITS DIRECTOR, MR. LOHIT PATIL. …PETITIONER (BY SRI P. FREUD RICHARDSON, ADVOCATE) AND:
1. STATE OF KARNATAKA, Digitally signed REPRESENTED BY ITS SECRETARY, by VALLI
MARIMUTHU                DEPARTMENT OF URBAN DEVELOPMENT,
Location: High           DR. AMBEDKAR VEEDHI,
Court of                 BANGALORE-560 001.
Karnataka
2. THE COMMISSIONER, BENGALURU BRUHAT MAHANAGARA PALIKE, N. R. SQUARE, BANGALORE-560 001.
3. THE DEPUTY COMMISSIONER OF POLICE, BANGALORE CITY POLICE-EAST DIVISION, ULSOOR MAIN ROAD, ULSOOR, BANGALORE-560 008. -2-
4. THE INSPECTOR OF POLICE,
JEEVAN BHIMA NAGAR POLICE STATION, BANGALORE -560 075. …RESPONDENTS (BY SRI SPOORTHY HEGDE N., HCGP FOR R1, R3 AND R4; SRI PAVANKUMAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO PASS A WRIT OF MANDAMUS OR ANY APPROPRIATE DIRECTIONS TO THE RESPONDENTS, TO TAKE NECESSARY ACTIONS TO CURB THE MENACE CAUSED AROUND THE PETITIONER SCHOOL DUE TO THE SALE AND USE OF TOBACCO PRODUCTS AND THEREBY GIVE EFFECT TO THE SECTION OF THE COPTA ACT IN A TIME BOUND MANNER, IN RESPECT TO THE PETITIONER SCHOOL. THIS WRIT PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K. V. ARAVIND

ORAL ORDER

Heard Sri. P. Freud Richardson, learned counsel for the petitioner, Sri. Spoorthy Hedge N., learned High Court Government Pleader for respondent Nos.1, 3 and 4 and Sri.Pavan Kumar, learned counsel for respondent No.2.

2. The grievance of the petitioner in the instant writ

petition is regarding the opening of petty shops and selling tobacco products in violation of the provisions of the -3- Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

3. This Court directed the Bruhat Bengaluru

Mahanagara Palike and the Police authorities to file affidavit on action taken. Both the authorities have filed affidavits stating that the appropriate action has been taken by removing the tobacco products from the petty shops. The affidavits further indicate that the steps would be taken to remove the shops, if found unauthorized, in accordance with law.

4. In response to the said affidavits, learned counsel for

the petitioner has filed affidavit dated 02.12.2024 wherein, it is stated that the petitioner is satisfied with the action taken by the respondent-authorities. It is further stated that there are no tobacco products sold in the said petty shops.

5. In view of the submission of the learned counsel for

the petitioner, the grievance would not survive for further -4- consideration. However, petitioner is reserved liberty to seek appropriate remedy if the said illegal acts recur in future.

6. It is further observed and provided that the respondent-authorities will and shall continue to monitor that no tobacco products are sold in the shops in question.

7. Accordingly, disposed of. Sd/- (K. V. ARAVIND) JUDGE VBS/List No.: 1 Sl No.: 38

Same Court & Year Karnataka Orders · 2024 Same Parties Indian Public School vs State of Karnataka Same Judge K. V. Aravind

In accordance with law Deputy Commissioner Government pleader Trade and commerce Police Station Public school high court