Delhi HC dismisses petition by restaurant seeking directions to authorities to not interfere with sale, service of herbal hookahs

Justice Kameswar Rao dismissed the petition filed by a cafe observing that the Delhi Government had last week, banned operations of dine-ins in all restaurants and bars in the national capital in wake of surge in Covid-19 cases. 

On January 11 this year, the Delhi Disaster Management Authority (DDMA) had issued fresh guidelines and directed that all restaurants and bars should remain closed, however, home deliveries and takeaway of food items are permitted. 

Appearing for Delhi Government, its standing counsel and advocate Santosh Kumar Tripathi, apprised the court about the fresh guidelines issued by the authorities in wake of rise of COVID-19 cases and said that there was no such situation in November 2021 when restaurants were allowed to operate. He also apprised the court that guidelines are being revised time to time after taking note of the conditions. 

Justice Kameswar Rao said that he agreed with the submission made by advocate Santosh Kumar Tripathi.

The court said that in view of the order dated January 11 2022 issued by authority, no direction can be given as sought by the petitioner in this writ petition. 

"The order dated November 16, 2021 is distinguishable. There no merit in the petition and the same is dismissed," the court said. 

The court was hearing a petition filed by a cafe seeking appropriate direction to the respondents to not to interfere with the sale/service of herbal flavoured hookahs in its establishment.

The petition filed through advocate Anubhav Singh, also sought direction to the respondent to not station any police vehicle outside the restaurants to avoid any deterring effect on the business of the petitioner.

On November 16 2021, the court granted interim relief on the condition that the petitioners restaurants had to file their individual undertakings before this Court, they will be entitled to serve herbal flavoured hookahs by using disposable pipes and by strictly following the Covid-19 protocol. Consequently, the respondents will not interfere with the business of the petitioners of serving Herbal flavoured hookahs, subject to the aforesaid conditions.