Zira Beauty And Spa vs. The State Of Telangana
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The petitioner, Zira Beauty and Spa, sought a writ of mandamus to prevent police officials and officers of the Special Operations Team (SOT) from interfering with its lawful business. The interference was allegedly under the guise of notification No. (L&O)/M/3140/2010, dated 30.06.2010, passed by the Commissioner of Police. The petitioner contended that they were being forced to obtain similar court orders as granted in W.P. No. 16281 of 2010 and batch, despite no violation of law in running their SPA Wellness Centre. 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 directions issued by the High Court in a previous order.
Held
The High Court disposed of the writ petition by directing the petitioner to strictly follow the directions issued in W.P. No. 16281 of 2010 and batch, dated 28.09.2021. These directions permit the operation of massage centres subject to maintaining records of customer visits, names, verifiable addresses, and phone numbers. The police are permitted to verify these records and investigate if any customer solicited special services or if the services were not professional. The petitioner was also directed not to keep the main door closed during working hours. The Court clarified that the respondents are not precluded from ensuring compliance with these directions and may take appropriate steps if any deviation is observed. The petitioner was also advised to obtain necessary permissions from municipal and GST authorities. The Court did not explicitly decide on the legality of the impugned notification itself but focused on ensuring compliance with existing court orders and legal requirements.
Key Issues
1. Whether the police officials and SOT officers are acting arbitrarily, illegally, and unconstitutionally by interfering with the lawful business of the petitioner's SPA Wellness Centre under the guise of notification No. (L&O)/M/3140/2010, thereby violating Articles 14 and 19(1)(g) of the Constitution of India? - Petitioner's argument: The petitioner argued that their business is lawful and they are complying with all regulations. They are being harassed by the respondents who are demanding court orders similar to those in W.P. No. 16281 of 2010 and batch, despite no violations. They rely on the principles of natural justice and constitutional rights. - Revenue/State's argument: The respondents contended that the petitioner is operating without obtaining necessary permissions from municipal authorities and GST as required by law. However, they also stated that they would adhere to the directions previously issued by the High Court.
Sections Cited
Article 14, Article 19(1)(g)
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.VENUGOPAL WRIT PETITION No.16O95 of2026 , Date: O6.O5.2O26 Between: Zira BeaulY and 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 relief:- "...pleased to issue an appropiate uit, order or direction more preferablg one in the nature of Wit of Mandamus directing the action of Respondents Police Officials and Officers of SOT in interfeing uith latuful business of petitioner shops under the guise of impugned notifi.cation No. (LeQ/ Ma/ 3140/ 2010, dated. 3O.06.2O1O passed bg the 2nd respondent and forcing the petitioners to secure similar orders from this Honourabte 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 Cy1tr1 as arbitrary illegat and unconstitutional and. uiolltt-ye of ArticLes La, t9(1)(g) of the Constitution of India and direct the respond.ents and their officers not to ii.rS"r" in the day to dag business of petitionir sn"p, ""a groi..."
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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Learncd counsel appearing for lhe petitloner submit tha t the Petltloner would engaged the busrness of ln such as 1S providing solttlions lor al1 beauty and wellness needs holding valid registration saloon zrnd spa The petltloncr 1s Rt:cldv Distncts lt ls cer[ificatcs iirr rlLnning his business tn Hyderabad and Ranga that the resPondents further submitted visitecl the SPA Centre and asked the petitioner whether he has an order lrorn this Court to run the business as this Court had decided srmilar issues in the order' dated 28 O9 2021 in W.P.No.16281 ol 20i0 and batch' u'herein t-his Court issued the following ([ircctlons: - ''ln r'-et' of the submissions of learned counsel for both sides' the su Wl lt Iretitions are dtsposed oI in terms oI order dated ;;;,;.,', in tA No l ' ','"'iJ J;iJ.,'.111i"''"li,1l; nermlttif,g the petrtioners tt : ;;;; ," be"mainrained bv the to moi,rt,,rning a t-t:cord't tnot",tn. ''o;,.1- ',,r ui"i,. or trr. massage centres contain l.'.ri{iuul" acklresses l-o€lether with clrsronlers, their names t"o,t";;;; ,;" police to cor1ract them the phonc nttmbers' t" "t tt,r';.'r;;".7 murlug".7 op..^to. of on the as\lect of the request . .,- +!aa helo from the opposite the rrassaEie ccntres to *"]'::t,;';r- ,ot,." oftr... not below sex. Furr'rr.t. it shall be t'".".r-nrr.. attactred 1o an)' police rhe rar:rk of a Sutr t',"ottt.,:;,1"1 "r.n ..."r,,, marntained b). stati()n t I !'erll\' .r-rce t".i,.'";;rt .r". be at liirert.v ro verif)' as rhe.lrrssirgc ccnlres and I ..,.roaa, has solicited an-r- such to \\i.r.trrirr the ltartlcttiar cllslorrrLr . ',.'", -^r It is also open special s'rvi(le froll the massage centre or not lt is als to the polLce to take appropnutt attio" delenfine upon the ,s5111' rli attr sttch tc'ilicatron and also consiclering the fact rhat *h.ther the cross lrlassage senice proviclecl to the ( rtstomet s t:" tu llrolcssiot]al manner or not Police are also 3 entitled to investiSate into crimes, if any, reported against the petitioners. Petitioners are also directed not to keep the 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 ald 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 lhis Court to continue the business. Questioning the same, the present Writ petition is hled.
Learned Assistant Government Pleader for Home has submitted that without obtaining any permission from the municipai authorities as well as GST as required under 1aw, 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 foliow the directions issued by this Court in the order dated 2g.Og.2O2l in W.P.No.16281 of 2010 and batch. However, this order does not 4 preclude the respondents to ensure that the petitioner is tbllowing thr: directions issued by this Court in W.P.No. 16281 of 201O and batch, and if an1' deviation is observed, the rt:spondents police mav take appropriate steps strictly in at:r:ordance rvith larv, and if any complaint is made against the pctitioner, the petitioner shall cooperate rvith the enquiry with the respondents policc. Needless to mention, it is open to the pctitione;: to obtain permission from the authorities i'e, Municipal ancl (iST and to comply with the order passed by this Court datecl )8.O9.2021 in W.P.No. 16281 of 2010 and batch. As :r sequel, the miscellaneous petiLions pr:nding, if any, shall stand ciosed. No costs //// .C. DEEPI ^:Tiu:"1:'. \./s[crroru orrrc KA AR ER To, 1 The Princrpal Secretary. Home Department, State of Telangana' T S Secretariat, Hyderabad TG-500004
The Hyderabad City Police Commissioner, Oio Commissioner of Police TowerA. ICCC Building Road No 12 Baniata Hills Hyderabad
The,Assistant commissioner of Potice, ACP SR Nagar Division, Police station Prentises, East Srinivas Nagar Colony, SR Nagar' Hyderabad'
The Station House Officer' SR NagarPolice Station' Beside Nagarjuna High Schcol East Srinivas Nagar Colony, SR Nagar' Hyderabad' 5 One CC to SRI T RAJU, Advocate [OPUC] 6 Two CCs to cP FOR HOI!'IE, High Court for the State of Telangana, at Hyderabad IOUT] 7. fwo CD Copies Along wrth a copy of the order dated 28.09 2021 inVtt.p No. 162g1 of 2010 DA]\ "\,9
HIGH COURT DATED: 06/05/2026 ORDER. WP.No.16095 of 2026 r6 t Jo 2 3 tt]ll 2026 oR kIF SIA \ l,.j\\t'v .. .-*, -' ) ;: :' r' t, 1 L\t-_ -/." DISPOSING OF THE WRIT PETITION WITHOUT COSTS buh lt o i\
THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION Nos.15281 and 16419 of 20LO 797,123L, ta76 and2272 of2OL4t 3O317 of 2015 38409 40734 15413 15435 29229 2923L 30844 3312L 4O787 and' 44939 of 2016 259()1 2a920 4rot2 646 658 2955 3+o7 110s1 2oo69 4L324 41355 and 41422 of2ol7 3442 17249 26367 26a22 34474 35307 386t7 39397 39977 39937 44o,44 44067 45592 and 45658 ot 20La 2627 4399 3891 4447 18861 L9352 2oo36 2L909 21924 21930 227o0 23794 24674 264LO 29107 and 29121 of 2Ol9 347.7oA. LaaT, 1906,3589.4728.5374,2o,o49,20443, 240AO 2404L 240a5 24334 21297 22334 22544 22629 24s57 2441O 24657 24659 24660 24662 ar^d.24673 of 2020:' 2442 3361 4473 4488 6s95 66L4 8050 13010 tL225 22751 22761 22764 22als 113sO L4562 t643L 20734 23031 2336L and 23A22 of 2O2L COMMON ORDER: Since the issue involved in aI1 these Wri[ Petitions is one ard the same, they are being disposed ol by this common order.
It is submitted by the iearned counsel for the petitioners in all the Writ Petitions and learned order dated 04.O2.2021 to I.A.No.1 of 2O2O in Government Pleader lor Home that the entire batch of these Writ Petitions cart be disposed of in terms of interim W.P.No.244 1O of 2O2O
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In vieu of the submissions of learned counsel for both sides.theseWritPeLitionsaredisposedo[in'termsoforder clated O4.t)2 2021 tn I.A.No' I of 2O2O in W'P'No 24410 of '2O2O, perrnitting the petitioners to run the massage crentres. subjecl to maintaining a record in the register to be maintained by the massage centres containing the dates ol visits of the customers, their narnes and verifiable addresses together enable the Police to rvith the Phone numbers, so as to contact them on tho aspect of the r.'quest Lo the o$ ne r f manager f operator of the massage ccntres to providc for the help from the opposite sex' Fr-rrther. it sh:rll be open to any police officer not belor'i' the rank of :r Sttb lnspector ol Police attached to an1' police station to verL{-r'ont:e in a while such records nraintarned by tht: massage cuntres ald he shall also be at liberty to verify as to wheth(rr [he particular customer has solicrted arv sucfr special service from the massage centre or not lt is also open 1() tl-rc police to take appropriate action depending r-Lpon thc result of any such verification ar-rd a]so considering the fact that whether the cross massagc sen'ice providecl to tht' custtrmers is in prolessional manner or not'
7 3 Police are also entitled to investigate into crimes, if any, reported against the petitroners. Petitioners are also directed not to keep the 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 precauLions to ensure that no incident of immoral activity is carried on under the guise of providing whole body massage. Miscellarreous petitions pending in alt the Writ petitions, if aly, shall starLd closed. There sha_ll be no order as to costs. K. LAKSHMAN, J Date:28.O9.2OZl 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.