Manikonda Beauty Spa vs. The State Of Telangana
Original PDF →Facts
The petitioner, Manikonda Beauty Spa, represented by its proprietor, filed a writ petition challenging a notification issued by the Commissioner of Police, Hyderabad City, dated June 30, 2010. The petitioner argued that this action was illegal, arbitrary, discriminatory, and violated their fundamental rights under Articles 14 and 19(1)(g) of the Constitution, as well as the Hyderabad City Police Act, 1348 Fasli. The petitioner claimed to possess valid registrations for running their beauty and spa business in Hyderabad and Ranga Reddy Districts. They contended that despite adhering to previous court directions regarding the operation of massage centers, the police were insisting on further court orders to continue their business. The respondents, represented by the Assistant Government Pleader for Home, submitted that the petitioner was operating without necessary permissions from municipal authorities and GST, but stated they would follow the court's previous directions.
Held
The High Court disposed of the writ petition by directing the petitioner to strictly follow the directions issued in the order dated September 28, 2021, in W.P.No. 16281 of 2010 and batch. The Court clarified that this order did not preclude the respondents from ensuring the petitioner's compliance with those directions. If any deviation was observed, the police were permitted to take appropriate steps strictly in accordance with the law. The Court also noted that if any complaint was made against the petitioner, they were expected to cooperate with the police inquiry. The petitioner was also advised that it was open for them to obtain necessary permissions from the Municipal and GST authorities. The Court's reasoning was based on the submissions of both parties and the existing High Court order that provided a framework for the operation of such businesses. The ratio decidendi is that businesses operating under court-regulated conditions must continue to adhere to those conditions, and authorities can take action if violations occur, while also encouraging compliance with other statutory requirements like municipal and GST permissions. The Court did not expressly set aside the impugned notification but effectively governed the petitioner's operations based on the prior order.
Key Issues
1. Whether the action of the 2nd respondent (Commissioner of Police, Hyderabad City) in issuing the notification dated June 30, 2010, is illegal, arbitrary, discriminatory, and violative of Articles 14 and 19(1)(g) of the Constitution of India and the Hyderabad City Police Act, 1348 Fasli? Petitioner's arguments: The petitioner contended that the impugned notification was illegal and arbitrary. They argued it violated their right to practice their trade or business under Article 19(1)(g) and was discriminatory, violating Article 14. They also asserted it was contrary to the provisions of the Hyderabad City Police Act, 1348 Fasli. The petitioner highlighted that they were already complying with the directions issued by the High Court in a previous order dated September 28, 2021, in W.P.No. 16281 of 2010 and batch, which permitted massage centers to operate subject to certain conditions, and therefore, the police's insistence on further orders was unjustified. Respondents' arguments: The respondents argued that the petitioner was operating without obtaining necessary permissions from municipal authorities and GST. However, they also submitted that they would follow the directions previously issued by the High Court in the order dated September 28, 2021, in W.P.No. 16281 of 2010 and batch.
Sections Cited
Article 14, Article 19(1)(g), Hyderabad City Police Act, 1348 Fasli
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGIOPAL WRIT PETITION No.16146 of 2026 Date: 06.05.2O25 Between: Manikonda Beauty Spa Petitioner And The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and others . . Respondents ORDER: This Writ Petition is filed seeking the following reliet- " - . .to issue an appropiate wit, order or direction more preferably one in the nature of Writ of Mandamuq declanng the action of the 2nd respond.ent in issuing the impugned. notification No.(L&Q/ Ma/ 3140/ 2O1O, dated. 30.06.2010 possed bg the 2nd respondent as illegal, arbitrary, discriminatory, uiolattue of Articte La, 19(1) (g) of the Constitution of India, contrary to the prouisions of the Hgderabad City Police Act, 1348 Fasli and con-sequentlg set-astde the some against the petitioner, in the interest of justtce and grant.. . "
Heard Sri Chokki Narender, Iearned counsel appearing for the petitioner and Sri M.Srinivas, learned Assistant Government Pleader for Home appearing for the responden ts and with their consent, this writ petition is being taken up for disposal at the admission stage.
Learned counsel appearing for the petitioner would submit that the petitioner is engaged in the business of 2 providing solutions saloon and spa. for all beauty and wellness needs such as The petitioner is holding valid registration in Hyderabad and Ranga certihcates for running his business Redd-v Districts. It is further submitted that trc respondents visited the SPA Centre and asked the petitioner whether he has an ordcr from this Court to run the business as this Court had decided similar issues in the order, dated 28.09.2021 in W.P.No. l62al of 2O 10 and batch, wherein this Court issued the following directions: - "ln view of the submissions of learned counsel for l)oth sides, these Writ Petitions are disposed of in terms of order dated O4.O2.2O21 in I.A.No. 1 of 2020 in W.P.No.2441C of 2020, pcrmitting the petitioners to run the massage centr,:s, subject to maintaining a record in the register to be malntaired by the lnassage centres containing the dates of visils of the (ustomers, their names and verifiable addresses together with the phone numbers, so as to enable the police to colrtact them on the aspect o[ the request to the owner/ manager/r,perator of the massage centres to provide for the help from thl opposite scx. Further, it shall be open to any police officer not below the rank of a Sub lnspector of Police attached to irny police station to verify once in a whtle such records maintained by the massage centres and he shall also be at libertv k) verify as t() whether the partrcular customer has sohcited rny such sl)ccial service from the massage centre or not. It is also open to the police to take appropriatc action depending upon the rcsult o[ any such verification and also considerin6; rhe fact that whether the cross massage servrce providerl to the customers is in professional manner or not. police are also er)titled to investigate into crimes, iI an_v, reported against the pctitioners. Petitioners are also directed not to kcep Lhe main door of the premises closed, duri - ---r-:nd hours. Subject
3 to these conditions, the petitioners may be permitted to carry on the business, duly taking all necessary and proper precautions to ensure that no incident of immoral activity is carried on under the guise o[ providing whole body massage' Miscellaneous petitions pending in atl 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 lrom this Court to continue the business' Questioning the same, the present Writ petition is filed'
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 his 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.O9.2021 in W.P.No.16281 of 2O10 and batch.
In view of the said submissions, this Writ Petition is disposed of, directing the petitioner to follow the directions issued by this Court in the order dated 2a 09 '2021 io W.P.No.1628l of 2010 and batch. However, this order does not preclude the respondents to ensure that the petitioner is following the directions issued by this Court in W'P'No 16281 of II
4 2O10 and batch, and if any deviation is observed, the respondents police may take appropriate steps strictly in accordance with law, and if any complaint is nrade against the pctitioner, the petitioner shall cooperate with the enquiry with thc re spondents police. Needless to mention, it is open to the petitioner to obtain permission from the aLrthorities i.e., Municipal and GST and [o comply with the orde- passed by this Court dated 28.09.2021 in W.P.No.16281 ol 20 10 and barch. As a sequel, the miscellaneous petitions p:nding, if any, shall stand closed. No costs. .K. BHAVANI SWAMY ASSISTANT REGISTRAR //// 6 SECTION OFFICER To, '
The Principal Secretary Home Department, T.S.Secretariat, Hyderabad, Telangana State. 2 The Commissioner of Police, Hyderabad City, Hyderabad, Telangana State.
The Commissioner of Police, Cyberabad Commissionerate, Gachibowli, Hyderabad, Telangana State.
The Station House Officer, Raidurgam police Station, Rardurgam, Hyderabad, Telangana State. 5 One CC to SRI CHOKKT NARENDER, Advocate. [OpUq
Two CCs to GP FOR HOME High Cou( for the Slate of Telangana, at Hyderabad [OUT]
Two CD Copies. (Along with a copy of the order, dated 28-09-2021 in wp No.16281 0f 2010 to this Order) BSK fl-
IGH COURT ATED:0610512026 , ^,' rl i :,--'!.:ri" J;74D\ .'. L'/'r ^, r{. \.;:. \r ,.- -. ''-' . r: (:. T- 2: ci) ).. { 7.', /,' ,,,,, 1 5 flAY 2026 * ,: r.', 1-'i'l:.j). ORDER WP.No.16146 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS eo{d"g+
TFf E HOI{OURAALE SRI JUSTTCE I<.T{I(S[{MAI\r (D COI{MON ORDER Srnce thc rssuC: involvecl rn aIl th(,sc Wnt pctrtions is onc a4d thc safire. they arc bctrtg drsposcd of by Urrs @rrlmon oader. 2- [r is submrttcd by rhc tearncd courlscl for the pcdtioncrs in all tlrc W.it l,etitions and tearocd Govs5nrngn6 plcader for Homc ttrat thc cetrce batch of tlrese W.it petitions can be disposed of in tc.rns o[ intcnm orde. dated 04 .O2.2O2 L tn I A.No I of 2O2O ra W.p.No.244 tO ot 2O2O 3. ln rrew o[ the submissions of learncd courrsel for both sidcs, ttresc writ pctitioos are disposed o[ in tccms of ord€r daLed O4.O2.N2I in I.A_No. I ot 2O2O in W,p-No.244tO ot 2O2O. pc.mitdng thc petitioners to rurr Lhe massage c€ntres, subject to maintaiRing a record irr ttre register to b€ main(ained by ttre massage ccntres coataioing the dates of visits of tlae customc.s, ttreif namcs ald verifrable addrcsscs togctlcr wrth (he ptrorlc aurnbe.s, so as (o cnablc the grolicc
a to contact ttrem on the aspect o[ the .cquest to thc owncri/ manager/ operator of thc massagc c3nt.cs to providc for the hclp (rom (hc opposite scx Further. rt shall bc open r.) arly t)oticc ofliccr nor bclow the rank of a Sub-[nspector o[ Pollcc attached to ary poticc station to venf'/ once in a whrtc e such records mamtained by thc massagc centres arrd hc shall also be at libcrty to vecify as to whethc. thc particular custorner has solicited ary such spccial -scrvice from thc massage ccntre or not tt is also open to ttc policc to takc appropriatc action depcndiog upon rhc rcsrlt of any suctr venhcation arrd also considerrng tllc fact tlrat whetlrcr thc cross massage scrvicc pror.ided to tllc c-taitomers is ln professional marlnc. or not. Polrcc arc also entitled to investigatc into crirncs, if any. rcpo.te,l against Ehc petitronecs Pctitioners are also dirccted not t() keep ttc mairr door of thc p.erniscs closcd. du nng tlre ,.vorkiog hours Subject Lo these conditions. the pctitaoncrs m.ry be pcrmittcd to carrJ, on the business. duly taktng aI[ ncccs:;ary and poper precauti.ons (o ensurc that no incident o[ iqrororal actisity is carried on under the guisc of prouiding whote body rrlassagc- Miscellaneous petitions pcodhg in all the Writ petitioos, it any, shall'stand clo.sed, Ttrcce shalt be no ocde- as to costs- K- III.KSHMAN, J Dat-e:. 28.09 -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.