- 1 - HC-KAR NC: 2026:KHC:2067 WP No. 8863 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8863 OF 2019 (LB-RES) BETWEEN: MOHAMMED NOOMAN TAUSIF S/O GHOUSE MOHIYUDDIN AGED ABOUT 33 YEARS RESIDENT OF 'NOOMAN MANZIL' MAIN ROAD, TANK MOHALLA SHIVAMOOGA-577 201 &PETITIONER (BY SRI. S.V. PRAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT ROOM NO.222, II FLOOR VIDHANA SOUDHA BENGALURU-560 001 2. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577 201 3. SUPERINTENDENT OF POLICE SHIVAMOGGA DISTRICT SHIVAMOGGA-577 201 4. SHIVAMOGGA CITY MUNICIPAL CORPORATION SHIVAMOGGA CITY-577 201 REPRESENTED BY ITS COMMISSIONER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2067 WP No. 8863 of 2019 5. HEALTH OFFICER SHIVAMOGGA CITY MUNICIPAL CORPORATION SHIVAMOGGA CITY-577 201 6. TUNGANAGARA POLICE STATION REPRESENTED BY ITS STATION HOUSE OFFICER TUNGANAGARA SHIVAMOGGA CITY-577 201 &RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1 TO R3 & R6; SRI. ASHWIN S. HALADY, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION/ORDER DATED 05.01.2019 ISSUED BY THE R-4 PRODUCED AT ANNEXURE-F TO THE WRIT PETITION AND DECLARE THAT THE LAW DOESN'T CONTEMPLATE SECURING OF LICENSE IN ORDER TO SERVE THE FRUIT FLAVORED NON-TOBACCO HOOKAH IN THE RESTAURANT REGARD BEING HAD TO THE PROVISIONS OF CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION, ACT 2003). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2067 WP No. 8863 of 2019 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court, seeking the following reliefs: " a) ISSUE a writ in the nature of certiorari and quash the communication/order dated 05.01.2019 issued by the fourth respondent in No.²ªÀÄ£À¥Á/C«/Q.C.¤/02/ 2018-19 produced as Annexure-F to the writ petition; b) ISSUE a writ or order declaring that the law doesn't contemplate securing of license in order to serve the fruit flavored non-tobacco hookah in the restaurant regard being had to the provisions of Cigarettes and other Tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution, Act 2003); c) ISSUE any other appropriate writ or order or direction as the Hon'ble Court deems it appropriate in the admitted facts and circumstances of the case in the interest of justice; - 4 - HC-KAR NC: 2026:KHC:2067 WP No. 8863 of 2019 d) Pass such other suitable order/s as this Hon'ble Court deems it appropriate in the attendant facts and circumstances of the case; e) AWARD the cost of this proceeding." 2. Learned counsel for the petitioner has filed a memo dated 13.01.2026, seeking for withdrawal of the Writ Petition. 3. Accepting the memo dated 13.01.2026, the Writ Petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE sac List No.: 1 Sl No.: 10