Maheshwari Wellness Spa vs. The State Of Telangana
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The petitioner, Maheshwari Wellness Spa, represented by its proprietor, filed a writ petition seeking to prevent police officials from interfering with its lawful business operations. The interference was allegedly under the guise of a notification dated June 30, 2010, issued by the Commissioner of Police, Cyberabad. The petitioner contended that its spa and wellness center was operating legally and that police were demanding similar court orders as granted in a previous batch of writ petitions (W.P. No. 16281 of 2010 and batch). The petitioner claimed to be adhering to the directions previously issued by the High Court in similar matters. The respondents, including the State of Telangana and police officials, argued that the petitioner was operating without necessary permissions from municipal authorities and GST registration. However, they also stated they would follow the court's previous 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 W.P. No. 16281 of 2010 and batch, dated September 28, 2021. 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 petitioner was also directed to cooperate with any inquiries by the police if a complaint was made against them. The Court also advised the petitioner to obtain necessary permissions from the Municipal and GST authorities. The reasoning was based on the submissions of both parties and the existing High Court order governing similar businesses. The Court's decision was to reiterate and enforce the existing conditions for operating such businesses, ensuring compliance and allowing lawful operation.
Key Issues
1. Whether the action of the respondent police officials in interfering with the lawful business of the petitioner's spa and wellness center, under the guise of a notification dated June 30, 2010, is arbitrary, illegal, and unconstitutional, violating Articles 14 and 19(1)(g) of the Constitution of India? Petitioner's arguments: The petitioner argued that its business was lawful and that it was already complying with the directions issued by the High Court in W.P. No. 16281 of 2010 and batch. They contended that the police interference was unjustified and that they were being forced to obtain new orders from the court despite no violations. They relied on the previous High Court order for permission to run massage centers subject to certain conditions. Revenue/State's arguments: The respondents argued that the petitioner was operating its business without obtaining necessary permissions from municipal authorities and GST registration. However, they also submitted 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)
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 trIRIT PETITION No.15O84 of 2o.
Date: O5.O5.2026 Bet{reen: MAHESHWARI WELLNESS SPA Petitioner And State of Telangana, Represented by its Principal Secretary, Home Department, Telangana Secretariat, Hyderabad, and 3 others Respondents ORDER: This Writ Petition is filed seeking the following relief:- "-..pleased lo issue Wit, or Wits, Order or Orders more particularlg one in the nature of wit of mandamus declaring the action of the Respondents Police Officials ond Officers of SOT in interfeing uith tau-tful business of petitioner shops under the guise of impugned notiftcation No.(L&O)/ M4/ 3140/ 2010, dated 30.06.2010 passed bg the 2"d respondent and forcing the petitioner 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 by the petitioner in running their SPA Wellness Centre as arbitrary being illegal, arbitrary and uiolatiue of Article H, 19(1)(9) of the Constitution of India, and direct the respondents and their offtcers not to interkre in the day to day business of petitioner shops..."
Heard Mr. Talari Raju, learned counsel 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.
2
Learned counsel for the petitioner would submit that the petitioner is engageci in the business of providing solutions for all beauty ,rnd u'ellness needs such as saloon and spa' The petitioner is holdrng a valid registration certificates for running business. It is lurther submitted that the respondents vislted the SPA Centre and asked rvhether the petitioner has an order from this Court to run the business as this Court had decided similar issues in the order, d'ated 28.09.2021 in W P No'16281 of 2010 and batch, u'herein this Court issued the following directions:- "[n vieg of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of order dated O1.O2.2O21 in LA.No.1 of 2O2O in W.P.No 24410 o{ 2O2O, pcrmitting the petitioners to run the massage centres, subject to maintailring a record in the register to be maintained by the massa€le centres containing the dates of visjts of the customers. their names and veriliable addresses together $''ith the phone numbers, so as to enable the pohce to contact them on the aspect of thc request to the owner/ manager/ operator of the massage centres to provide for the help from the opposite sex. FrLrther. it shall be open to any police officer not below the rank o: a Sub-lnspector of Pohce attached to any police station to rerifl once in a while such records maintained bv the massage centres and he shall also be al libert] to "erif1 as to rvhcther the particular cLtstomer has solicited any such specral service from the massage centre or not lt is also open to thc polce to take appropriate action depending upon the resrtlt of au1 such \..erilication and also considering the fact that $hether the cross massage service provideC to the customers is rn prolessional manner or not. police are also entitle(l to ilvest]gate into crimes, if any, reported against the 3 petitioners. Petitioners are also directed not to keep the main door of the premises closed, during the working hours. Subject to these canditions, the petitioners may be permitted to carqr 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 ary, 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 llled.
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 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 2a.O9.2O2I 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 28.O9 .2021 in W.P.No. 16281 of 201O and batch. However, this order does not preclude the respondents to ensure that the petitioner is 4 follorving the directions issued of this Court in W'P No' 16281 of 2O 1O ancl batch, and if any deviation is obser-ved, the respondents police mal' take appropriate steps strictly in accorclance u'ith lau', and if any complaint is made agalnst the petitioner, the petitioner shall cooperate with the enquiry with the respondents police. Needless to mention, it is open to the petitioner to obtain permission from the authorities i'e ' Municipal and GST and to comply with the order passed kry this Court dated 28.O9.2021 in W.P No.16281 of 2010 and batch' As a seqr,tel, the miscellaneous petitions pending, if any, shall stand closed. No cosLs C. DEEPIKA ASSIST NT REGISTRAR //// To, E TION OFFICER
The Principal Secretary, Home Department, State of Telangana, T S' Secrr-.tariat. Hyderabad. TG-500004
The commissioner of Police, cyberabad Police commissionerate, old Mumbai Hwy, Telecom Nagar Extension, Gachibowli, Hyderabad, Telangana 500032
The Assistant commrssioner of Police, ACP [\iladhapur Division, It/adhapur Police Station Premises, Gachibowli Rd, beside JNIDB, Junction, Gachibowli, Hyderabad, Telangana 500032
The station House officer, Raidurgam Police station Raidurgam Police station. Mumbai Highway, lVladhura Nagar Colony, Rai Durg, Hyderabad, Te la nga na-500032
One CC to SRI T RAJU, Advocate [OPUC] 6 Two CCs to GP FOR HOIUE, High Court for the State of Telangana, at Hyderabad [OUT] 7 . Two CD Copies Along with a copy of the order dated 28.Og.2021in W.p No..l62g 1 of 2010 DA\i
HIGH COURT DATED: 05/05/2026 ORDER, WP.No.15084 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( rC' U' bh,t (oB H[.rr4 2 3 ,lUl,l 2U5 r,atct-t'-" * * ., *
THE HONOURASLE SRT JUSTICE K.LAI{SHMAN WRIT PETITION Nos. 1628L alad, 164\9 of 2OLO 797,123L,1 876 and,2272 of2Ol4: 3o'317 of2Ol5; 29231 30444 33t2L 38409 4()734 15413 15435 29229 40787 ard 44939 of 2OL6 646.65A.2955.34()7. 11051 ,20,069, 25901. 24920, 4LOl2, 4L324 41355 and 41422 of 2Ol7 34a2, 17249,26367,26a22.34478, 35307, 38617, 39397, 399L7 39937 +4044 44067 45592 and 45658 of 2O18 2627 4399 3891 4447 18861 L9352 2()()36 21909 21924, 27930, 22700,23794, 24674, 2641,0, 29 LO7 ard 29121 of 2Ol9 347,7o4, laa7, 1906,3589 472a,537a,2oo49 20443, 21297 22334 22544 22629 2404O 24041 24045 24334 24357 244tO 24657 24659 24660 24662 and,24673 of 2O2Oi 2+42 3361 4473 4488 659s 66L4 8050 13010 t1225 11350 L4562 16431 20734 22751 22761 22764 22als 23031 23361 and 23a22 of 2021 COMMON ORDER: Since the issue involved in aII these Writ Petitions ts one arrd the same, they are being disposed ol by this common order.
It is submitted by the learned counsel for the petitioners in ali the Writ Petitions ald leamed Government Pleader for Home that the entire batch of these Writ Petitions cart be disposed ol in terms of interim order dated O4.O2.2O21 in I.A.No. I of 2O2O in W.P.No.2441O of 2O2O
z
In vie',v of the submissions of learned counsel for both Sicles,theseWritPetitionsaredisposedofin,rtermsoforder dated O4.O2 2O2l in I A.No' I of 2O2O in W P No'24410 of 2020, permitting the petitioners to run the massage centres, sublect to maintaining a record in the register to be maintaine d by the massage centres containing the dates o[ visits ol the customers, their names and verihabLe addresses together rvith the phone numbers' so as to enable the pohce to contact them on the aspect of the request Lo [he o$-ne r f rnanager f operator of the massage centres to provide for the help from the opposite sex' Further, it shall be open to aly police off,rcer not belor'v the rank of a Sub-lnspector of Police attached lo any police station to verifl- once in a while such records maintained by the massage centres and he sha-Il also be at liberty to verify as to n'trether the particular ct-lstomer has solicited any such special ser-vice from the rnassage centre or not- It is also open to the police to take appropriate action d.epending upon the result of any such verification and aiso cor-rsiclering the fact that whether the cross massage serrice provided to the customers is in professional marner or not'
.,I 3 I I i Police are also entitled to investigate into crimes, 1f any, reported against the petitioners. petitioners are a-iso directed not to keep the main aoo. of the iremises closed, during the working hours. Subject to these conditions, the petitioners may be permitted to ca-rry on the business, duly taking ali necessajry ald proper precautions to ensure that no incident of immora,l activity is carried on under the guise of providing whole body massage. Miscellaleous petitions pending in all the Writ petitions, if any, shall stard closed. There shall be no order as to costs, Date:28.O9.2027 TJMR K. LAKSHMAN, J
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.