Mantra Wellness Spa vs. The State Of Telangana
Original PDF →Facts
The petitioner, Mantra Wellness Spa, operating a salon and spa business, filed a writ petition challenging the actions of police officials. The petitioner alleged that the respondents were interfering with their lawful business under the guise of an impugned notification dated 30.06.2010, and were forcing them to obtain similar court orders as previously granted in W.P. No. 16281 of 2010 and batch. The petitioner contended that they were not violating any laws and were running their spa and wellness center constitutionally. The respondents, represented by the Assistant Government Pleader, submitted that the petitioner was operating without necessary permissions from municipal authorities and GST, and that they would adhere to the directions previously issued by the Court.
Held
The High Court disposed of the writ petition by directing the petitioner to strictly follow the directions previously issued by the Court in W.P. No. 16281 of 2010 and batch. The Court clarified that this order does not preclude the respondents from ensuring the petitioner's compliance with those directions. If any deviation is observed, the police are permitted to take appropriate steps strictly in accordance with law. The petitioner was also directed to cooperate with any inquiries if a complaint is made against them. The Court also noted that it is open for the petitioner to obtain necessary permissions from the Municipal and GST authorities and to comply with the previous court order. The issue of whether the petitioner was operating without GST permission was implicitly acknowledged as a point for future compliance, but the immediate interference was addressed by reiterating the previous order's conditions.
Key Issues
1. Whether the actions of the respondent police officials in interfering with the lawful business of the petitioner under the guise of an impugned notification dated 30.06.2010, and demanding similar court orders as in W.P. No. 16281 of 2010 and batch, are arbitrary, illegal, and unconstitutional, violating Articles 14 and 19(1)(g) of the Constitution of India? Petitioner's arguments: The petitioner argued that their business is lawful, they possess valid registration certificates, and they are already complying with the directions issued by this Court in a previous batch of writ petitions (W.P. No. 16281 of 2010). They contended that the police interference is unwarranted and unconstitutional. Respondents' arguments: The respondents argued that the petitioner is operating without obtaining necessary permissions from municipal authorities and GST authorities as required by law. They stated that they are not interfering with the business activities and will follow the directions previously issued by the Court.
Sections Cited
Article 14, Article 19(1)(g)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
'l'he Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF'TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.16157 of 2o26 Date: O6.O5.2O26 Between: Mantra Wellness Spa .Petitioner And The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and others . . Respondents ORDER: This Writ Petition is fi1ed seeking the foliowing relief:- ". ..to issue on appropiate ui| order or direct[on more preferablg one in the nature of Wit of Mondamus directing the action of Respondents Police Officiols and Olficers of SOT in interfeing uith latuful business of petitioner shops under the guise of impugned notificotion I{o. (L&O)/M4/3140/2010, dated. 30.06.2O10 passed bg the 2nd respondent and forcing the petitioners to secure similar orders from this Honourable Court as passed in W. P. No 16281 of 2O1O and batch though there is no uiolation committed bg the petitioners in running their SPA Wellness Centre os arbitrory illegol ond unconstitutional and uiolatiue of Articles La, 19(1)(9) of the Constitution of India and direct tLTe respondents and their officers not to interfere in the dag to dag business of petitioner shops and grant..."
Heard Sri T.Raju, learned counsel appearing for the petitioner and Sri M.Srinivas, learned Assistant Government Pleader for Home appearing for the respondents and with their consent, this writ petition is being taken up for disposal at the admission stage.
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Le'arned connsel appeanng for the petitioner would strbmit that the petitioner is engaged in the business of providing solutions for all bcauty and wellness'needs such as saloon and spa. The pctitioner is holding valid regislration certificates lbr running his business in Hvderrabad and Ranga Reddv Districts. It is further submitted that the respondents visrted the SPA Ccntre and askcd the petitioner whether he has an order frorn this Court to run the business as this Court had decidecl similar issucs in the order, dated 28.09.2021 in W.P.No.16281 of 20lO and batch, u,herein this Court issued the follou'ing clirec tions: - "ln rierl rI the submissions of learned counsel for ltoth sides. thesc Writ Petrtions are disposed of in terms of order dated 04.02.20-21 rn L;\.No 1 of 2O2O in W.P.No.244lO ot 2O2O, pernrittrng the petrtloners to run the massage centrcs, subject to m:rintarnrng a record in the register to be maintained bv the massage ccntres containing the dates of visits of the cLlstomers. therr names and vcrifiable addresses together wtth the phorre Lrumbers. so as to cnable the police to conract them or1 the aspecl of lhc rcquest to the o$ ner/ manager//operator of the massaqc centrr)s to provide for the help lrom the opposite sex. FiLrther, it shall be open to any police olfi<:er oot below the r;rrk ol a Strb Inspe(rtor of Police attached to any police statron to lertft ortce rn a u'hile such records maintained b1' the massafr( centICS and ht: shall also bc at libcrt-v-. to veril] as to \\'hellrer tlrc particular customer has solicited aD1- sttch special scnrcr'from the massage centre or llot. lt is also open 1o the l)olic(' 1o take appropriate action dependrng upon the resrrlr of ar-.' su(h \crificatlon and also consiclering the fact th:rt \rir('th.r thr' (.ross massage service provided to the (.ustotn(,.s is ln l)rolessional manner or nOt. police arc alSO 3 entitled to investigate into crimes, if any, reported against the petitioners. Petitioners are also directed not to keep fhe main door of the premises closed, during the working hours. Subject 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 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.
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 28.09.2021 in W.P.No. 16281 of 2010 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.O9.2021 in W.P.No.16281 of 2010 and batch. However, this order does not t I 1
preclucle the respondents to ensure that the petitioner is lollou'ing the directions issued by this Court in W.P.No.16281 of 2010 :rnd batch, and if any deviation is observed, the respondents police may take appropriate steps strictly in accordance with larv, and if any complaint is mAde against the petitioner, the petiLioner shall cooperate with the enquiry with the respondcnts police. Needless to mention, rt is open to the petitioner to obtain permission from the authorities i.e, Municipal arrd GST and to comply with the order passed by this Court datcd 28.O9.2021 in W.P.No. 16287 of 2010 and batch. As a scquel, the miscellaneous petitions pending, if any, shall stand cLosed. No costs //'/ .C. DEEPIKA ASSI ANT REGISTRAR SECTION OFFICER 'fo,
The Principal Secretary Ho^m1 .Department' State of Telangana' T S' ' Secretariat,' Hyderabad ' TG-500004'
The Commissioner of Police' Cyberabad Commissionerate' Diamond Hills' Lumbini Avenue. Oacnioo"wi-Hyierabad' Telangana' 500032
The Assistant Commissioner of Police" ACP Madhaour Division' Iriladhapur Police Station pr-"rrr't"'"Hi"J clv-ni Ne.ar.Camille Albane - Kavuri Hills- Madhapur. Sri Rama c"r"tv' r'i'ii ri'rrt' rr'r'or'"p'r' Hyderabad' Telangana 5000 3 3
The Station House officer, Madhapurporice station. Hitech city Rd, Near camille Albane r'"'il't'iiitlr"r'in'p'i' s'i Rama colonv' Kavuri Hills' ilrli rpri ivoerabad Telangana 500033 5 One CC to SRI T RAJU' Advocate [OPUC] 6 Two CCs to GP FOR HOME High Court for the State of Telangana' at Hyde,rabad IOUT] 7 . fwo CD CoPies Along wrth a copy of the order dated 28.09.2021 in W.P No.1628'1 of 20'10 \r\.- V
HIGH COURT DATED: 06/05/2026 ORDER WP.No.16157 o12026 :::--_----:_ rI S),i toR 1! 23 ; r 2026 ) ir f\.(.c * Pj,rcH f_O DISPOSING OF THE WRIT PETITION WITHOUT COSTS L \t )lo [', n' ul
THE HONOURA3LE SRI JUSTICE K.LAKSHMAN WRIT PETITION Nos.16281 and 16419 of2OlO 797 t23L 1876 and 2272 of 20 3O317 of2O15 r5413 15435 29229 29231 30844 33L2L 38409 40734 40787 al:d 44939 of 2OL6 646 658 2955 340? 11051 20069 2590L 24920 4LOL2 41324 41355 and 4L422 of 2Ol7 34a2 t7249 26367 26822 34474 3s307 3A6L7 39397 399t7 39937 44044 440,67 45592 and 45658 of2Ol8 2627 4399 3891 4447 18861 L9352 2oo36 2L909 21924 21930 227o0 23794 24674 264LO 29 LO? atd. 29L2L of 2Ol9 347 7oa LaaT 1906 3589 4728 5378 2o049 2o443 21297 22334 22sa4 22629 2404o 240aL 24085 24334 243s7 2441O 24657 246s9 24660 24662 and 24673 of 2020; 2442 3361 4473 4488 6595 6614 8050 13010 L7225 11350 14562 16431 20734 2275r 2276L 22764 224r5 23031 2336I and.23822 of 2O2l COMMON ORDER: Since the issue involved in a_ll these Writ Petitions is one and the same, they being disposed of by this aIe common order. W.P.No.2441O of 2O2O
It is submitted by the learned counsel for the petitioners in all the Wrir Petitions and leamed order dated 04.02.2021 in I.A.No.1 of 2O2O in Government Pleader for Home that the entire batch of these Writ Petitions can be disposed of in terms of interim
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Itt vieu of t}'re submissions of learned counsel for both sides, these Writ Pt:titions are disposed of illrterms of order dated 04.O2.2021 n I.A.No.l of 2a2O in \tr.P'No'2441O of 2-020, permitting the petitioners to run the massage contres. subject to maintaining a record in the register to be maintaincd by the massage centres containing the dates of visits ol the customers, their names and verifiable :rddresses '.ogel her t'vith the phone numbers, so as to cnable t he police ro contact them on the aspect of the r(:quest to ilre or{ncr /rnatager f operator of the massage ccnlres to :rovidc lor the help from thtl opposite sex' Further, i t shall be open to any polict: ofhcer not belorv the r:rnk of a Sub Inspector ol Police attachecl to al1' police stalion to verif-l-once in a while such records n-raintained by the massage ccntres and he shall also be at liberty to verify as ro q'hether [he parLicular customer has solicited any such spet:ial scrvice from the massage centre or not lt is als,r opelr Lo the police to take appropriate action depencling upon the result of any such verification arLd a-lso considering the fact lhirt'.vhether the cross massage sen-ice provided to thr: customers is in professiona[ manner or not'
] Police are also entitled to investigate into crimes, if any, reported against the petitioners_ Petitioners are a-lso /. directed not to keep the main door o[ the premises closed, during the working hours. Sub_;ect to these conditions, the petitioners may be permitted to ca_rry on the business, duly taking all necessary and proper precautions to ensure that no incident of immoral activity is carried on under the guise ol providing whole body massage. Miscellaleous petitions pending in all the Writ petitions, if any, shall stand closed. There shall be no order as to costs. Date:28.O9.2021 TJMR K. LAKSHMAN, J I
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.