Day Dream Beauty And Spa vs. The State Of Telangana
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The petitioner, Day Dream Beauty and Spa, sought a writ of mandamus to declare a notification issued by the Commissioner of Police, Hyderabad City, dated June 30, 2010, as illegal, arbitrary, discriminatory, and violative of constitutional provisions and the Hyderabad City Police Act, 1348 Fasli. The petitioner argued that they are engaged in the beauty and wellness business and possess valid registration certificates. They claimed that despite complying with previous court directions from a batch of writ petitions decided on September 28, 2021, the respondents were insisting on a fresh court order to continue their business. The respondents, through the Assistant Government Pleader, contended that the petitioner was operating without necessary permissions from municipal authorities and GST, but stated they would follow the existing court directions.
Held
The High Court disposed of the writ petition by directing the petitioner to strictly follow the directions previously issued by the Court in its 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, she was directed to cooperate with the police inquiry. Furthermore, the Court explicitly stated that it was open for the petitioner to obtain necessary permissions from the municipal and GST authorities and to comply with the earlier court order. The Court did not set aside the impugned notification but effectively directed adherence to the existing judicial pronouncements and statutory requirements.
Key Issues
1. Whether the action of the 2nd respondent in issuing the impugned notification No.(L&O)/M/3740/2010, dated 30.06.2010, is illegal, arbitrary, discriminatory, and violative of Article 14 and 19(1)(g) of the Constitution of India, and contrary to the provisions of the Hyderabad City Police Act, 1348 Fasli. Petitioner's Arguments: The petitioner contended that the impugned notification was illegal and arbitrary. They asserted that they were already operating their business in compliance with the directions issued by this Court in a previous order dated September 28, 2021, in W.P.No.16281 of 2010 and batch. They argued that the respondents' insistence on a new court order to continue their business, despite their adherence to existing directives, 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 adhere to the directions previously issued by this 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)
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 IITDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUEOPAL V/RIT PETITION No.16102 of2026 Date: 0,6.o5.2026 Between: Day Dream Beauty and Spa Petitioner And The State ofTelangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and others ..Respondents ORDER This Writ Petition is filed seeking the following relief:- ". . .to issue an appropiate ui| order or direction more preferabtg one in the nature of Writ oJ Mandamus, declaing the action of the 2nd respondent in i.ssuing the impugned notifrcation No.(L&Q/ Ma/ 3740/ 2O1O, dated 30.06.2010 passed by the 2nd respondent. o-s illegal, arbitrary, disciminatory, uiolotiue of Article H, 19(1) (g) of the Constitution of India, contrary to the prouisions of the Hgderabod Citg Police Act, 1348 Fasli ond consequentlg set-aside the same against the petitioner, in the interest of justice and. grant..."
Heard Sri Chokki Narender, learned counsel appearing for the petitioner and Sri M.Srinivas, learned Assistant Government Pieader for Home appearing for the respondents and with their consent, this writ petition is being taken up for disposal at the admission stage. J. l-earned counsel apPearing for the petitioner would in the business of submit that the petitioner is engaged
2 providing solutions for all beauty and wellness -reeds such as saloon and spa. The petitioner is holding valid registration certiflcates for running her business in Hyderat ad and Ranga Reddy Districts. It is further submitted that the respondents visited the SPA Centre and asked the petitioner whether she has an order 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.I628i of 2010 and batch, wherein this Court issued the following directions : - "ln view of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of c,rder dated O4.O2.2O21 in t.A.No.t of 2020 in W.P.No.2441D of 2O2O, permitting the petitioners to run the massage cent..es, subject to maintaining a record in the register to be maintained b),the rnassage centres containing the dates of visrts of the customers, their names and verillable addresses together with lhe phone numbers, so as to enable the police to contact them on the aspect of the request to the owner/ manager,/operator of the massage centres to provide for the help from the opposite sex. Further, it shall be open to any police officer not belou, the rank of a Sub-lnspector of Police attached tc any police station to venfy once in a while such records ma intained by the massage centres and he shall also be at liberty to verify as to whether the particular customer has soliciterl any such special service from the massage centre or not. [t ls also open to the police to take appropriatc action dependirLg upon the result of any such verihcation and also considering the fact that whether the cross massage service providcd to the customers is in professional manner or not. police are also cntitled to investlgate into crimes, if any, reported against the petitioners. Petitioners are also directed not to keep the main door of the premises closed, durins the working hours. Subject
3 to these conditions, the petitioners may be permitted to carry on the business, duty taking atl 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 prcsent 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 28.09.2021 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 tJle directions issued by this Court in the order dated 28 'O9 '2021 in W.P.No. 16281 of 2Ol0 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 I I Efl-:------ ffi \
4 2010 and batch, and if any deviation is observed, the rcspondents policc may take appropriate steps strictly in accordance with law, and if any complaint is mzde against the petitioner, the petitioner shall cooperate with the enquiry with the respondents police. Needless to mention, it is open to the pctitioner to obtain permission from the authorities i.e., Municipal and GST and to comply with the order passed by this Court dated 28.O9.2021 in W.P.No.1628I of 20tC and batch. As a sequel, the miscellaneous petitions pr:nding, if any, shall stand closed. No costs. . K. BHAVANI SWAMY ASSISTANT REGISTRAR //II 6 SECTION OFFICER To, 1 The Principal Secretary Home Department, T.S. secretariat, Terangana state, Hyderabad, Telangana State. The Commissioner of Police, Hyderabad City, Hyderabad, Telangana State, The Commissioner of Police, Cyberabad Commissionerate, Gachibowli, Hyderabad, Telangana State. The Station House Officer, Chandanagar police Station, Chandanagar, Hyderabad, Telangana State. One CC to SRI CHOKKT NARENDER, Advocate. tOpUCl 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 2}-og-2021 in !t,p No. 1 6281 of 2o.r o to this Order) \ 2. 3. 4. 5. 6. 7. + BSK
HIGH COURT DATED: 0610512026 ORDER WP.No.16102 ot 2026 Jr. -\- ..].-:.-. .) 1 5 i'l1r 2 'l:i t.'^,. \- .r, '\:- * DISPOSING OF THE WRIT PETITION WITHOUT COSTS ;: I E ti l;tj I t l; \ J ''.,.1':.it-:./ 0 \
r /-\ Tt{E TIOI{OUR.I{IILE SRI JUST(CE K.L{I(SI{MA[ UTRIT PI]TITIOI{ Nos . 1628 I and t 6419 ot 20lo 797 l23 t t876 aod 2272 ot 20 t4 3O317 of 20 LS 154t3 f 5435 29229 2923 t 3()a.{a 3312 t 3a<r9 4073a 40787 a,fd 44939 ot 20t6 (D 62627 43 644 6sqa_2gs_s- 3407 t to5 I 20069 25901 24920 41012 4 t328 41355 and 41422 ot 20 L7 3482. t7?49 26367 26A22 344'r8 3s307 346 t7 39397 39917 39937 44044 44{67 45592 and 658 of 2() lA 4447 t8a6l 19352 2()036 2 L909 2L924 21930. 227oo. 2J 794, 24674 , 264 LO 9.IOZ aad 29L2L ot 20t9;
TQar l8E7 1906 3549 4728 537a 20089 20443 2L297 2584 22629 24o80 2408i 24085 24334 24357 244 LO 24657 246s9 24660 24662 ao.d 24673 ot2o20 2482 336 t 44't3 44aa 6s95 66L4 ao50 r30 to LL225 I1350 L4562 1643L 20734 2275 L 2276L 2276A 22a75 23031 23361 a.nd 23822 o( 202L COIIIMO-N O- RD-EIT: S(rcc thc rssuc rnvolved in all ttrcse Wnt petituons is onc and thc samc order thcy arc bcrng drsposed of by this cornmoo 2 lt is submlttcd by ttrc lcanred counsel for the pedtioners in all tlrc W.lt petitions arrd learncd Government Reader for Homc that thc c(rtirc batch ot tcse Writ petitions can bc disposccl of in te.ms of rntccrm o.der dated O4.O2.2O2 L to t,A.No. t of 2O20 tn W.p.No.244 tO of 2O2O. 3. [n vicw of thc sub{nrssrons of [carned counsel lbr both sides. these w.it pctitrons are drsposed o[ in terms of order dated O4.O2 2O2t in t.A.No. t of 2O2O io W_p-No-244IO ot 2020, pcrmittlng Urc pe(ltioocrs to .urr t_trc massage centres. subjc-ct to maifltaining a record in the registcr to be rnaintained by the massagc ccntres coataini(tg the dates of visits o[ ttre custoGrers, their namcs arrd venfiable addresses togedrc. with the ptrooc nurnt)c.s, so as to crrabte ttle potice -t
G to corrtact thcm on thc asfrect of the r-equest to the owner/ majrager/operator o[ thc massagc ccntrcs to provide for tfie hclp from the oppositc sex. Further. rt shall t)e opcn to any poticc officc. not bclow thc rank of a Sub [rrspcctor o[ Policc attaclred to a.r.ty potice station to vcnfy ooce rn a whilc 6, such rccords maintained by tlle massagc ientres a.Ird hc shait also bc at tibcrty to verify as to wtrcrhcr ttrc particutar customer has solici(cd zr.fly such spccial s,:rvice [rom tlte massage centre or not- It is also open to thc pollcc to take appropnate acttoa depcndiog upo(r thc' rcstrlt o[ any suclr vcrfication and also considcring dre fact ltLat \strethcr thc cross massage seavlc€ prorndcd to tllc c l t;torncrs is l{l professional manner o. not [)oltcc arc z:lso cntut[,ed to invcstagatc into crimes, if aly, rcpo.teC agarnst thc pctitioners Pctitioners are also dircctcd not tl kcep thc rrrairt door of the premiscs c[osed. dunng tlrc working hqu55 Subject to thcse conditions, the petrtioners rr.ay be permittecl to carry on the business, duty takrng all ncccssary and proper prccarrtions (o ensurc that no incidenl of immo.al actisity rs carried on under t}Ie guise of prowiding wholc body massaBc Miscetlaneous pctitions pending in d_t the ivrit petitions. rt any, shall'stand clqsed.- There shalt bc no o.dcr as to costs K. LILKSHMAI{, J Dale:.28.C9.2O2L TJMR .- ,L
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.