The division bench of Justices M R Shah and A J Shastri issued the notice to the Centre and posted the hearing to May 2.
The petitioner Nitin Garg, owner of city-based Vishnu Tobacco Products, says the notification is "irrational and arbitrary and issued without considering the rights and interests of the tobacco industry."
If 85 per cent space is used for pictorial warning, no space will be left for brand name and logo and "all the products will look the same, giving rise to spurious products", the petition says.
Before issuing the notification, there was no "impact assessment" it adds, demanding quashing of the notification.