Nfyve Private Limited vs. The State Of Telangana

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WP/18016/2026HC TelanganaGSTCNR HBHC01037201202612 June 2026Bench: E.V. VENUGOPAL10 pages

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Cause title — parties, addresses and appearances
[ 329s ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) t FRIDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION NO: 18016 OF 2026 Between: Nfyve Private Limited, Rep. by its Proprietrix Roshni Singh, D/o. Ram Sunder Singh, Hindu, Aged about 40 years, Occ. Business, R/o. H.No. 1-11-254 and 255, 4lh Floor, Kura Towers, Motilal Nehru Nagar, Begumpet, Hyderabad, Telangana State. ...PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary, Home Department, T. S.Secretariat, Hyderabad, Telangana State. 2. The Commissioner of Police, Hyderabad City, Hyderabad, Telangana State. 3 The Commissioner of Police, Malkajgiri Commissionerate, Hyderabad, Telangana State. 4. The Station House Officer, Begumpet Police Station, Begumpet, Hyderabad, Telangana State. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more preferably one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing the impugned notification No.(L&O)/M4/314012010, dated. 30.06.2010 passed by the 2nd respondent as illegal, arbitrary, discriminatory, violative of Article 1a, 19(1) (g) of the Constitution of lndia, conlrary to the provisrons of the Hyderabad City Police Act, '1348 Fasli and consequently set-aside the same against the petitioner. l.A. NO: 1 OF 2026 Petition under Sectton 151 CPC praying that in the circumstances stated in the ,rffidavit filed in support of the petition, the High Court may b6 pleased to suspend the impugned notification No.(L&O)/M4/314012010, dated 30.06.2010 passed by the llnd respondent agarnst the petitioner, pending disposal of the above Writ Petttion. Oounsel for the Petitioner: SRI CHOKKI NARENDER Oounsel for the Respondents: SRI M.SRIN|VAS, AGP FOR HOME

The Court made the following: ORDER

IN rHE HIGH couRr i?f#XHIirE oF TELANGANA Ar THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL UIRIT PETITION No.l8O16 of 2o26 Date:12.o6.2o26 Between: Nflwe Private Limited ..Petitioner And The State of Telangana, Rep. bY its Principal Secretary, Home Department, T.S. Secretariat, Hyderabad, Telangana State and others . . Respondents ORDER: This Writ Petition is filed seeking the following relief:- "....to issue an appropiate utrit, order or direction more preferably one in the nature of Wnt of Mandamus, decLar[ng the action of the 2nd respondent in issuing the impugned notif.cation No.(L&O)/ Ma/ 3140/2010' dated 30.06.2010 passed bg the 2"d respondent os illegal, arbitrary, discnminatory, uiolotlue of Article la, 19(1)(g) of the Constitution of India, controry to the prouisions of the Hyderabad CitA Potice Act, 1348 Fasli and consequentlg set aside the some against the petitioner, in the interest of justice ond grant...."

2.

Heard Sri Chokki Narender, Iearned counsel appearing for the petitioner and Sri M. Srinivas, learned Assistant Government Pleader for Home appearing for the offrcial respondents and with their consent, this writ petition is being taken up for disposal at the admission stage.

3.

Learned counsel appearing for the petitioner would submit that the petitioner is engaged in the business of 2 providing solutions {br all beauty and wellness needs such as saloon and spa. Thc petitioner is holding valid registration certificates for running her business in }lyderabad. It is further sLlbm itted tha I thc respondcnts visited the SPA Centre and askcd the pctitioner qhether she has an order from this Court to run the business as this Court had decided similar issues in the order, dared 28 09.2021 rn W.P.No.16281 of 2010 and batch. wherein [his Court issued the follou'ing directions:- "ln rie\ o1 the subnrissions of learned counsel for both sides, thcsc Writ Petitions are disposed of in terms of order dated 04.02.202I in LA.)lo. 1 ol 2020 in W.P.\o.24410 of 2020. permitring the petitioners to run the massage centres, subJect ro maintaining a recorrl in the regrster to be maintained by the massage centres containing the dates of visits of the customcrs, their names and verifiable addressr:s together with the phone numbers, so as to enable the police to conlact them on the ilspect of the requcsl to the owner/ managc'r/ ol)erator of the massage centres to provide for the help from the opposite sex Further. it shall he open to an! police o1ficer not below the rank of a Sr-rb Insl)cctor of Policc attachcd to any police station lo r.crih'once: in a u'hile such records maintained by the massag('ccntres and he shall also be at hberty to verifr as to $,hethcr the partrclilar customer has solicited any such special servrce from the massage centre or not. It is also open to the polic, to takc appropriate action depending upon thc rcsult oi anr such veri[ic'ation and also considering the fact that \\'helhcr thc cr-oss massage service provided to the customers is i:r prolessional manner or not. Police .re also entilled to inr.,estrgarc into crimes. if any, reported against the petitioncr-s. l,etitioncrs are also directed not to keep the main (loor of thc pr ernises t.)oserl, cluring the working hours. Sublect ro these con(litions, the petjtioners ma_\ be permittecl to carn.

on the business, duly taking aU necessary and proper precautions to ensure that no incident of immoral rctivity is carried on under the guise of providing whole body massage. Miscellaneous petitions pending in all the Writ petitions, if any, shall stand closed. There shall be no order as to costs, It is stated that the petitioner is already implementing the directions of this Court and there is no deviation from the same in whatsoever manner, yet the respondents are insisting to secure an order from this Court to continue the business Questioning the same, the present Writ petition is filed.

4.

Learned Assistant Government pleader for Home has submitted that without obtaining any permission from the municipal authorities as well as GST as required under law, the petitioner is operating her business activities. He further submitted that the respondents are not interfering with the business activities of the petitioner and the respondents would follow the directions issued by this Court in the order. dated 28.09.2021 in W.P.No.16281 of 2010 and batch.

5.

In view of the said submissions, this Writ petition is disposed of, directing the petitioner to fol1ow the directions issued by this Court in the order dated 2B.Og .2oii, in W.P.No.l62al of 201O and batch. However, this order does not preclude the respondenrs Lo ensure that the petitioner is following the directions issued by this Court in W.p.No.762gl of 4 2010 and batch, and if any deviation is 6bserved, the respondents poiice mav take appropnate steps strictly in accordance u.ith lau., and if an-v complaint is macle against the petitioner, tlte petrtioncr shall cooperate with the enquiry with the respondcnts poltce. Needless to mention, it is open to the petitioner to obtain permission from the authorities i.e., Municipal and GST and to comply with the order passed by this Court dated 28.A9.2021 in W.p.No.16281 oI 20i0 and batch. As a sequel, thc misccllaneous petitions penciing, if any, shall stand closecl. No costs To, //II .S.D-/ P PONNA KRISHNA ASSISTANT REGISTRAR \\N\-__ / sECTtoN oFFtcER The^_Princip_al Secrerary Home Department. T.S : Telangana State. L''cPdr tment. I .S. Secretariat. Hyderabad, f Police Hyderabad City, Hyderabad, Telangana State of Police. Malkajgiri Commissionerate, Hyderabad, The Station House Officer Telangana staie "" '"'.." Begumpet Police station, Begumpet, Hyderabad, One CC to SRt CHOKKT N rnlH,[iii"# Jff :-til :::Til';:T1," -'wo CD Copies llfry with the copv of order dated 28.09.2021, in w.p.No. 16281 of 2010 & 1

2.

The Commissioner o 3 The Commissioner Telangana State. 4 5 b. 7 of Telangana. at * BSR

HIGH COURT DATED: 1210612026 ORDER WP.No.18016 of 2026 ,,{ ,''i,o \:.,t\t,1, o ir-rE 5, 7.0 lil )F.,!KrcH Irt 2026 Pz .\ .\t /o (i lt tO * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t c 3, iaI I \o

THE HONOURABLE SRI JUSTICE K'LAKSHMAN WRIT PETITION Nos. 1628L and' L6419 of2OlO 797 t23L ta76 ^nd2272 of2OL4 3O317 of 2()15 15413, 15435, 29229, 29231-30844, 33L21, 38409, 40738. 40747 and 44939 of 2OL6 646 2955 3407 11051 20o69 25901 28920 4LO12 658 41-324 4L355 and 41422 of2OL7 34A2 t7249 26367 26A22 34478 35307 386L7 39397 399L7 39937 44o,44 44067 45592 atd 45658 of2018 2627, 4399, 3891, 4447, 18861, L93s2, 20'0'36, 21909, 21924, 21930, 22700, 23794, 24674, 264tO, 29107 aod 29121 of 2OL9 347 7o8 1887 L9o6 3589 4728 5378 2oo89 2o,443 2 1297, 22334, 225a4,2 2629, 24040. 2404L, 24045.24334. 243s7 244LO 24657 24659 24660 24662 and24673 of 2o20:' 24A2 4484 6595 66L4 8050 13010 1L225 11350, 14562 , L643t,20734,2275 1.22761 ,22768.22815. 23031 23361 and 23a22 of2O2L cOMMON ORDER: Since the issue involved in all these Writ Petittons ts one ard the same, they are being disposed ol by this common order. 2. it is submitted by the learned counsel for the petitioners in all the Writ petitions and leamed Government Pleader lor Home that the entire batch of these Writ Petitions can be disposed of in terms of interim order dated 04.O2.2O21 W.P.No.244 1O of 2O2O. LA.No. I of 2O2O in ln .3361. 4473

5 2

3.

In vierv of the submissions of le arned counsel for both sides, these Writ Petitions are disposed of in..[erms of order dated O4.O2 2O2l tn I.A.No. I of 2O2O in W'P No'2441O of 2O2O , perm itting the petitioners to run the massage cent.res, sub-iect to maintaining a record in the register to be marntainecl by ttre massage centres containing the dates o[ visits ol the customers, their names and verihable addresses together ri'ith the phone numbers' so as to enable the pohce lo contact them on the aspect oi the reqrle st to th': or[ne r f rnanager f operator of the massage Centrestoprtlvidelorthehelplromttreoppositesex. Further, it shalt be open to any police ofltcer not belorv the rarlk of a Sub tnspector o[ Police attached to any police station to verill'once in a rvhile such records maintained by the massage celltres ar-rc1 he shall also be at librlrty to verifv as to $rhe[h€]r the l)articular customer has solicited anv such spet:ial sel-v1ce from the massage centre or not lt is also open to the police Lo take appropriate actron depcncling upon the result of any such verification and also considering t\-re f act that u'hether the cross rrr assage serwice prol id'ed' to i\ri: customers rs in professional rnarrner or noL-

I I 3 Police are also entitled to investigate into crimes, if any, reported against the petitioners. petitioners are also directed not to keep the main door of the iremises closed, during the working hours. Subject to these conditions, the petitioners may be permitted to carry on the business, duly taking all necessa5r ald proper precautions to ensure that incident of immoral activity is carried on under the no guise ol providing whole body massage. Miscellaleous petitions pending in alt the Writ petitions, if any, shall stand closed. There shall be no order as to costs K. LAKSHMAN, J Date:28.O9.2021 TJMR

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.