Revive Wellness Spa vs. The State Of Telangana
Original PDF →Facts
The petitioner, Revive Wellness Spa, represented by its proprietor, filed a writ petition seeking a mandamus to direct the respondent police officials and officers of the State of Telangana not to interfere with its lawful business. The petitioner alleged that the police were interfering under the guise of an impugned notification dated June 30, 2010, and forcing them to obtain similar court orders as granted in WP No. 16281 of 2010 and batch, despite no violations. The petitioner claims to be running a legitimate spa and wellness center and is already adhering to the directions issued by the High Court in a previous order dated September 28, 2021. The respondents, represented by the Assistant Government Pleader, contended that the petitioner was operating without necessary permissions from municipal authorities and GST authorities.
Held
The High Court disposed of the writ petition by directing the petitioner to strictly follow the directions issued by the Court in its order dated September 28, 2021, in WP No. 16281 of 2010 and batch. The Court clarified that this order does not preclude the respondents from ensuring the petitioner's compliance with the previous directions. If any deviation is observed, the police may take appropriate steps strictly in accordance with law. The Court also noted that if any complaint is made against the petitioner, they shall cooperate with the inquiry. It was also open to the petitioner to obtain necessary permissions from the Municipal and GST authorities. The Court did not expressly leave any issue undecided, but the core issue of the validity of the impugned notification was implicitly addressed by directing adherence to the previous order which set conditions for running such businesses.
Key Issues
1. Whether the action of the respondent police officials in interfering with the petitioner's lawful business under the guise of an impugned notification dated June 30, 2010, is arbitrary, illegal, and unconstitutional, violating Articles 14 and 19(1)(g) of the Constitution of India? Petitioner's argument: The petitioner contends that their business is lawful and they are adhering to all court directions, making the police interference unwarranted and a violation of their fundamental rights. They argue that they should not be forced to obtain new orders when they are already complying with existing ones. Revenue/State's argument: The respondents argue that the petitioner is operating without obtaining necessary permissions from municipal authorities and GST authorities as required by law. They state they are not interfering but would follow court directions.
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 HOTTOURABLE SRI WSTICE E.V.VENUGOPAL WRIT PETITION No.15931 of 2026, Date: O6.O5.2O26 Between: Revive 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 hled seeking the following relief:- '...pleased ro issue an appropiate uLit, order or direction more preferablg one in the noture of Wit of Mandamus directing the action of Respondents Police OJficials and Officers of SOT in interfeing with latufuL business of petitioner shops under the guise of impugned notification No. (L&Q/ Ma/ 3140/ 2010, dated. 30.06.2010 passed by the 2nd respondent and forcing the petitioners to secure similar orders from this Honouroble Court as passed in W. P. No 16281 of 2010 and batch though there is no uiolation committed bg the petitioners in running their SPA Wellness Centre as arbitrory illegat and unconstitutional and uiolatiue of Articles 1a, 19(1)(9) of the Constitution of India and direct the respondents and their officers not to interfere in the dag to dag business of petitioner shops and grant such other necessary relief or reliefs as this Honble Court mag deem fit and proper in the circumstonces of the case..."
Heard Sri T.Raju, iearned counsel appearing for the petitioner and Sri M.Srinivas, learned Assistant Government Pleader for Home appearing for the respondents and with_ their
2 consent, this ',vrit petition is bcing taken up for disposal at the admission s tage
Learned counsel appearing for the petitioner would submit that the pctitioner is engaged in the business of providing solutrons for all beauty and wellness needs such as saloon and spa. The petitioner is holding valid registration ccrLificates for running her business in Hyderabad and Ranga Rccldv Districts. It is further submitted that the respondents visited the SPA Centre and asked the petitioner rvhether she has an order from this Court to run the business as this Court had decrdcd similar issues in the order, datecl 28.O9.2021 in W P.No. 16281 of 2010 and batch, wherein this Court issued the lollorving direr:tions:- "ln vic!\, of the srrbmissrons of learned counsel for both sides, these W|Lt I'etrtions are disposed of in terms oI order dated O1.O2.20)l in I A.No.1 of 2O2O in W.l'.No.2441O of 2O2O, permittlrg the petLtioners to run the massage centres, subject to mafrtirining a record rn the register to be marntained b!'the rrassage centres containing the dates of vrsits of the customers, Lhelr names and verifiable adclresses together with the phonc numbers, so as to cnable the police to contact them on the aspect oI the request to the owner/ manager/ operator of the massagc ccnt.es to pro\ide for the help from the opposite sex. FurtJrer, rt shall be open to any poLce olficer not below the rank of a Sulr.lnspector of Police attached to any police sfatiorr to vcrif\ oncc in a uhile such records maintained by the mirss.ige centres and he shall also be at liberty to verifv as to \\hcthet the pirrticular customer has solici[eci any such specral scrr-ice front the massiage centre or not. It is also open
3 to the police to take appropriate action depending upon the result of any such verilication and also considering'the fact that whether the cross massage sewice provided to the customers is in professional manner or not. Police are also entitled to investigate into crimes, if aly, 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 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 secure an order from this the respondents are insisting to 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 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.O9.2021 in W.P.No.16281 of 2010 and batch.
4 5 In vierv of the said submissions' drsposed of. directing the petitioner to this Writ Petitton ts follou,'the directions the order dated 28'09 '2021 1n issucd br' lhis Court tn W.P.No.16281 of 2Ol0 and batch However' this order does not preclude the respondents to ensure that the petitioner is following thc ciircctions issued by this Court in W'P No 16281 of 201O and batch, and if any deviation is observed ' the rcspondents police may take appropriate steps strictly in accordance u'ith larv, and if any complaint is made against the petitioncr, thc petitioner shall cooperate r'r'ith t'he enquiry with the resprtnclet-rts police Needless to mention' it is open to the petitioner lo obtain permission from the authorities i e'' Municipal ancl GST and to comply with the order passed by this Court dated 28.Og.2021in W P No 16281 of 2O10 and batch' As zr seqltel, the miscellaneous petitlons pending' if any' shall stand closed No costs To, //// .C. DEEPIKA TANT REGISTRAR SECTION OFFICER Jawaharnagar Division, I 2 The Principal Secretary Home Department' State of Telangana' T S Secretariat, Hyderabad. TG-500004' The commissioner of Police, Nialkajgiri Commissronerate, makfishnapufam Post Shiva Nagar Colony, Vayupuri, Neredmet, underabad, Telangana 500056
The Assrstant Commlssioner of police, Cp ennapuram X Road, Jawaharnagar, Hyderabad. 4 The Stahon House officer, Jaharnagar porice station, chennapuram X Road, Jawahar Nagar. Hvderabs6 - 566nrn
One CC to SRl. T RAJU, Advocate [OPUC]
Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad [OUT]
Two CD Copies Along with a copy of the order dated 28.09.2021 in W.P No.16281 of 2010 DAN 1 l I
HIGH COURT DATED: 0610512026 ORDER WP.No.15931 of 2026 t q J litJ'.9 'r'J..,, DISPOSING OF THE WRIT PETITION WTHOUT COSTS o ilV \r ,/ lD HES 1 ? 3 JUtl 2026 i * t ',-\(r) Orc^a-rC
THE HONOURABLE SRI JUSTICE K.LAI{SHMAN WRIT PETITION Nos. 16281 and L6419 of2OlO 797 L23L 1876 and 2272 of 2OL4 3o317 of2O15 15413 15435 29229 2923r 30844 33L2L 38409 40738 646 658 2955 3407 11()s 1 20069 2590L 24920 410L2 4L328 41355 and 4L422 of 2OL7 34a2 17249 26367 26A22 34478 35307 3A6L7 39397 399t7 39937 44044 44067 45592 and 45658 of 2O18 2627 4399 3891 4447 18861 L9352 20036 2L909 27924,21930.22700,23794,24674, 26410,29LO7 ard 29121 of 2OL9 347 708 1887 t906 3589 472a 5378 2oo89 20443 2t297 2233A 225A4 22629 24040 2404L 24045 24334 2+ss7 2441O 24657 24659 24660 24662 and 24673 of 2020:' 2442 3361 4473 4484 6595 66L4 805() 1301() 11225 11350 L4562 16431 20734 2275L 2276L 22768 22AtS 23031 23361 and 23a22 of 2O2L COMMON ORDER: Since the issue involved in a]i these Writ Petitions is one arrd the same, they are being disposed of by this common order
It is submitted by the learned counsel for the petitioners in all the Writ Petitions and leamed Government Pleader for Home that the entire batch of these Writ Petitions can be disposed ol in terms of interim order dated 04.O2.2O2I rn I.A.No.I of 2O2O in W.P.No.2441O ol 2020 4u^787 alad 44939 of 201^6:
2
In vieu. of the submissions of learned counsel for both sides.tlreseWritPetitionsaredisposedofin,termso[order clated 04.02 2O2)' it IA'No l of 2O2O rn WPNo244 I0 of ?,O2O, llerrnitting the petitioners to run the massage crentres. strbject to maintaining a record in the register to be maintained by the massage centres contalning the dates of r.isits ol the customers, their nalnes and verifiable addresses together rvith the phone nutmbers' so as to <:nable rhe police to contact them on the aspect of the request to the ou'ner f rnanaget foperator of the massage .entres to providc for the help from the opposite sex' Iinrtl-rer. il shall ber open to any police officer not below'the rank of a Sub [nspector of Police attached to aly police stalion 1o vcrif) once in a while such records maintained by the massagc centres ald he sha'Il also be at liberty to verify zrs to u hether thc particular customer has sollcited any such special ser-"'ice lrom the massage centre or not lt is also open to ttre police to takt: appropriate action depending rlpon the result of aly such verihcation and also considering thc fact that whether the cross massage service providecl to the customers is in professional fiIanner or not'
] Police are also entitled to investigate into crimes, il aly, reported against the petitioners' Petitioners are also lra 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 ca-rry on the business, duly taking a1l necessar;r 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 alt the Writ Petitions, if any, shall s[ald closed. There sha]i 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.