LANGUAGE

Concepts & More v. Palike, et al.

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.