M/S.Jeshitha Enterprises (The Bali Salon Andspa) vs. The State Of Telangana.

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WP/15143/2026HC TelanganaGSTCNR HBHC01030190202605 May 2026Bench: E.V. VENUGOPAL11 pages
For Petitioner: SRl. MOHD SUBHAN PASHAFor Respondent: SRI M.SRINIVAS, AGP FOR HOME
AI SummaryRemanded

Facts

The petitioner, M/s Jeshitha Enterprises (The Bali Salon & Spa), operating a beauty and wellness business, filed a writ petition challenging a notification issued by the Commissioner of Police, Cyberabad. The petitioner argued that the respondents were insisting on a court order to continue their business, despite the petitioner already adhering to directions previously issued by the High Court in a similar matter (W.P.No.16281 of 2010 and batch). The respondents contended that the petitioner was operating without necessary permissions from municipal authorities and GST, but stated they would follow the court's previous directions. The court considered submissions from both sides regarding the petitioner's business operations and the previous court order.

Held

The High Court disposed of the writ petition by directing the petitioner to continue following the directions previously issued by the Court in W.P.No.16281 of 2010 and batch. The Court clarified that this order did not prevent the respondents from ensuring the petitioner's compliance with those directions. If any deviation was observed, the police were empowered to take appropriate steps in accordance with the law. The Court also noted that if any complaint arose against the petitioner, they were expected to cooperate with any police inquiry. Furthermore, the petitioner was advised to obtain necessary permissions from the Fire, Municipal, and GST authorities. The Court explicitly stated that it was open for the petitioner to obtain these permissions and comply with the prior court order. The judgment did not expressly leave any issue undecided, as it disposed of the matter based on the existing court directives and the parties' submissions.

Key Issues

1. Whether the action of the 2nd respondent in issuing notification No.(L&O)/M41314012010, dated 30-06-2010, is illegal, arbitrary, discriminatory, and in violation 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 asserted that they were already complying with the directions issued by the High Court in W.P.No.16281 of 2010 and batch, which permitted similar businesses to operate under specific conditions. Therefore, the respondents' insistence on a fresh court order was unjustified. Respondents' arguments: The respondents argued that the petitioner was operating without obtaining necessary permissions from municipal authorities and GST. However, they also stated that they would adhere to the directions previously issued by the High Court 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
[ 32ee l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENW SIX PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION NO: 15143 OF 2026 Between: M/s JESHITHA ENTERPRISES (THE BALI SALON andSPA), GSM Mall, Store No 4, Floor No.3, Survey No.99 and 100, Madinaguda, Serilingampally, Ranga Reddy District, Rep. by its Proprietor Gowrneni Mohan Sai Chand, S/o.Ravi Kumar, aged about 31 years, Oce Business. .....PETITIONER AND '1 . The State of Telangana., Represented by its Principal Secretary. Home Department, T.S. Secretariat, Hyderabad, Telangana State. 2. fhe Commissioner of Police., Cyberabad Police Commissoinerate, Hyderabad, Telangana State. 3. The Station House Officer, Miyapur Police station. Hyderabad, Telangana State. .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Direction or Writ, more particularly a Writ of MANDAMUS declaring the action of the 2nd respondent in issuing the impugned notification No.(LandO)/M4l 314012010, dated.30-06-2010 passed by the 2nd respondent as illegal, arbitrary, discriminatory, volatile of Article 14, 1S (1) (g) of the Constitution of lndia, contrary to the provisions of the Hyderabad City Police Act, 1348 Fasli and consequently set.aside the same against the petitioner, in the interest of justice. ,--;=l7 !.A.NO:1 OF 2026 Petition Under Set;tion 151 CPC praying that in the circumstances stated in the affidavit filed in supcort of the petition, the High Court may be pleased to suspend the impugned notification no. (L andO)/M 41314012010, dated. 30-06-2010 passed by the 2nd resporrdent against the petitioner, pending disposal of the above writ petition. Counsel for the Petitioner : SRl. MOHD SUBHAN PASHA Counsel for the Respondents : SRI M.SRINIVAS, AGP FOR HOME The Court at the stage ol admission made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELANGAITA AT TTYDERABAI) THE TIONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.15143 of 2o.26 Date: 05.05.2026 Between: M/s. JESHITHA ENTERPRISES (THE BALI SALON & SPA) ..Petitioner And The State of Telangana, Represented by its Principal Secretary, Home Department, T.S. Secretariat, Hyderabad, Telangana State and two others .Respondents

ORDER: This Writ Petition is filed seeking the following relief:- "...pleased to issue Wit, Order or direction more preferablg one in the nohtre of u.trit of mandamus declaring the action of the N respondent in i.ssuing impugned nottftcation No.(L&Q/ Ma/ 3140/ 2010, dated 3O.06.201O passed bg th.e 7d respondent as illegal, arbitrary, di.sciminatory, uiolotiue of Articles U, 19(1)(9) of the Constitntion of Indio. contrary to the prouisions of the Hgderabad Citg Police Act,1348 Fasli and consequentlg set aside the same against the petitioner...'

2.

Heard Mr. Mohd. Subhan Pasha, Iearned counsel for the petitioner and Sri M.Srinivas, leamed Assistant Government Pleader for Home appearing for the respondents and with their consent, this writ petiLion is being taken up for disposal at the admission stage. 3. learned counsel for the petitioner would submit that the petitioner is engaged in the business of providing solutions for alt beauty and wellness needs such as saloon and spa. The 2 petitioner is holding a valid registration certificates for running business. It is r-rrther submitted that the respondents visited the SPA Centre and asked whether the petitioner has an order from this Court to run the business as this Court had decided similar issues in the order, dared 28.09.2O2 I in W.P.No.16281 of 20 10 and ba tch, wherein this Court issued the following directions:- 'ln vierv of tL e submissions of learned counsel for both sides, thcse Writ P,rtitions are disposed of in terms of order dated O4.O2.2O21 rn [.A.No I of 2O2O in W.P.No.244tO of 2020, permitting th I petitioners to run the massage centres, subject to mainrainin3 a record in the register to be maintained by the massagc centres containing the dates of visits of the customors, their names arrd verifiable addresses together with thc phone nurnbers, so as to enable the police to c,lntact them on the aspcct cf the request to the owner/ manager /operator of the massage centres to provide for the help from the opposite sex. Purther, it shall be open to any police offrcer not below the rank o[ a Sub Inspector of Police attached to any police station to veriir once in a while such records majntained by the massage c(:ntres and he shall also be at tiberty to verify as to whether th: particular customer has solicited any such special service from the massage centre or not. It is also open to the police t,) take appropriate action depending upon the result of an-!' such verification and also considering the fact that whcther the cross massage service providr:d to the customers rs in professional manner or not. Police are also entitled to inveritigate into crimes, if any, reported against the peritioners. Petitioners are also directed not to keep the main door of the prernises closed, during the working hours. Subject to these conditiens, the petitioners may be permitted to ca.rry on the businer;s, duly tak. precautrons to ensure ,n", .r]n* all necessaSz an(l proper f, incident of immoral activity is 3 carried on under the guise of providing whole body massage' Miscellaneous petitions pending in all the Writ petitions, if any, shatl 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 deviati-on 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 frled' 4. lrarned Assistant Government Pleader for Home has submitted that without obtaining any perrnission from the municipal authorities as well as GST as required under law, the petitioner is operating 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 '2027 in W.P.No. 16281 of 2010 and batch.

5.

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 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 of this Court in W'P'No' 16281 of 2OlO and batch, and if any deviation is observed, the respondents police may take appropriate steps strictly in I ! I

4 accordance witL law, and if any complaint is made against the petitioner, the Fetitioner shall cooperate with the enquiry with the respondents police. Needless to mention, it is open to the petitioner to ob -ain permission from the authorities i.e., Fire Municipal and GS'l'and to comply with the order passed by this Court dated 28.A9.2021 in W.P.No. 16281 ot 2010 and batch. As a sequel, the miscellaneous petitions pending, if any, shall stand closerl. No costs. To The Principal Se :retary' Home Department' i;ir";;;; at Hvderauao' relansana state' ii5"'c"*-'.Ji.".' of Police ' cyberabad /f// .A. JAYASREE ASSISTANT REG-ISTRAR ,/.(9 SECTION OFFICER T.S. Secretariat, State of Police Commissoinerate' 1 2. 4 5 6 Hvderabad, Telangana State l The Station Hous': Officer] Miyapur Police station Hyderabad' Telangana State. Two CCs to GP FOR HOME' High Court for the State of Telangana at Hvderabad. [OUTI 61"" ff; d*r r',irlHo suBHAN PASHA' Advocate toPUCl Iffi""r',fiif:t"opv ot the order dated 28'e'2o21 in wP'No'16281 o12010 and batch) Yt- SA LS J

..---F=n:t{*a a J

HIGH COURT DATED: 05105t?.026 ORDER WP.No.15143 of 2026 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. ,) ,1.. t? \/,.:, '\{* ^ \i=-!i:il,y1.l,:. -_-_._i:-r:_j 1 $ l{Ar ,iilt' @ 4 ( Yoe \{\- .-E

THE HONOURABLE SRI JUSTICE K.LA}ISHMAI{ WRIT PETITION ![os.15281 aad 164 19 of 2O1O 797, t23L. 1875 and 2272 of2Ol4z 3O317 of 2015 15413. 15435.29229.29251, 30848, 33121, 382109. 40738, 4O7a7 atd44939of 2016 646,658 .2955.3407, 11051 .20,0,69,259oL.2A920, 4LOL2, 41324 41355 ar.d41422 of20l7 3482. L7249.26367.26422 . 3447A.35307.3a617.39397. 39917,39937.440,44.44067. 45592 and 45658 of 2018; 2627 4399 3891 4447 18a61 19352 2(x)36 2L9o9 21924.21930.227f}o'23794 .24674,264LO, 29LO7 stil 29L2L of 2OL9 347.7o'8, 1887. 1906.3589 472a.537a,20089 20443 2L297,22334.225a4.22629.240,80.24o,4r.24o,a5.24334. 24357.24410.24657.2 4659. 24660. 24662 atd 24673 of 2O2Ot 2482. 336L.4473.4444.6595. 6614 8oso. 13010. tL225 11350, 14562. t6431.20734.2275L,2276L.22768, 224t5, 23031 23361 and 23a22 of2O2L COMMON ORDER: Since the issue involved in all these Writ Petitions is one and the same, they are being disposed of by this common order.

2.

It is submitted by the learned counsel for the petitioners in all the Writ Petitions and learned Government Pleader for Home that the entire batch of these Writ Petitions can be disposed of in terms of interim order dated 04.O2-2O21 in I.A.No. 1 of 2O2O in W.P.No.2441O of 2O2O.

2

3.

In view ot'the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of order dated 04.O2.2Ct21 in I.A.No.l of 2O2O in W.p.No.24410 of 2O2O, permitting the petitioners to run the massage centres, subject to maintaining a record in the register to be maintained by the massage centres containing the dates of visits of the customers, their names and verihable addresses toge:,her with the 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 pro', ide for the help from the opposite sex. Further, it shall be open to any police officer not below the rank of a Sub-lnspector of police attached to any police station to verify once in a while such records maintained by the massage centres and he shall also be at liberty to verify as to u,hether t-re particular customer has solicited aly such special senrice from the massage centre or not. It is also open to the police to take appropriate action depending upon the result of aly such verihcation and also considering the fe-ct that whether the cross massage seryice provided to the crLstomers is in professional manner or not.

3 Police are also entitled to investigate into crimes, if any, reported against the petitioners. Petitioners a-re 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. K. LAKSHMAN, J Date:28.09.2O2I 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.