Concepts & More v. Palike

Concepts & More (Concepts), et al., hookah bar owners, sued the Health Officer of Bruhath Bangalore Mahanagara Palike (BBMP) to stop BBMP from interfering with their right to sell hookah.  Concepts claimed that BBMP cannot regulate Concepts' hookah business as hookah is regulated pursuant to India's national omnibus tobacco control law, COTPA.  BBMP contended that it possesses jurisdiction to cancel Concepts & More's trade license. The Court observed that the power to cancel a business license is a quasi-judicial power which has to be exercised by the Commissioner.  The Court further held that judicial power cannot ordinarily be delegated without the law's express or clear implication. The Court declared that the power to cancel the licenses cannot be inferred and that BBMP did not have the authority to cancel licenses.  The Court allowed Concepts' writ petition and quashed BBMP's orders that cancelled the business licenses.

Concepts & More v. Palike, et al., WP No. 16820, High Court of Karnataka at Bangalore (2012).

  • India
  • Mar 8, 2012
  • High Court of Karnataka at Bangalore

Parties

Plaintiff

  • Concepts & More
  • Kaipiroshka
  • Mahtani Enterprises
  • Mahtani Ventures
  • Mohteshim Shadab
  • One World Impex Pvt. Ltd.
  • Prem Kumar V.

Defendant

  • Bruhath Bengaluru Mahanagara Palike
  • Health Officer

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"The said power cannot be inferred under Section 21 of the General Clauses Act unless it is specifically conferred by a statute or delegated in accordance with law. I have already held that the law does not permit the delegation of the quasi judicial power vested on the Commissioner to cancel the license to the Health Officer. Therefore, the contention of the learned Counsel for the respondents, the Health Officer has the power to cancel the license is without any merit."