Near By Wellness Spa vs. The State Of Telangana
Original PDF →Facts
The petitioner, Near By Wellness Spa, represented by its proprietor, filed a writ petition challenging the action of police officials in interfering with its lawful business. The interference was allegedly under the guise of a notification dated June 30, 2010, passed by the Commissioner of Police, and by forcing the petitioner to obtain similar court orders as previously granted in other writ petitions. The petitioner contended that it was running a spa and wellness center, possessed valid registrations, and was already adhering to the conditions laid down by the High Court in a previous order dated September 28, 2021, in W.P. No. 16281 of 2010 and batch. The respondents, represented by the Assistant Government Pleader for Home, argued that the petitioner was operating without necessary permissions from municipal authorities and GST authorities. They stated they were not interfering but 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 issued in the 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 petitioner was also directed to cooperate with any inquiry if a complaint was made. 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 previously passed order. The reasoning was based on the submissions of both parties and the established precedent set by the earlier writ petition order. The Court's decision aimed to ensure lawful operation of the business while allowing police to maintain order and investigate any reported crimes.
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, and demanding similar court orders as previously granted, 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, it held valid registrations, and it was already complying with the directions issued by the High Court in W.P. No. 16281 of 2010 and batch. The police's insistence on further court orders despite compliance was arbitrary and unconstitutional. The petitioner relied on the previous High Court order which permitted similar businesses to operate subject to certain conditions. Respondents' arguments: The respondents contended that the petitioner was operating without obtaining necessary permissions from municipal authorities and GST authorities. They stated that their actions were not interference but rather adherence to the court's directions. They did not explicitly cite any specific provisions or precedents but referred to the general requirement of obtaining permissions.
Sections Cited
Article 14, Article 19(1)(g)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER: This Writ petition is filed seeking the following relief _ WRIT '...to declare the action of Respondents potice Offtciak and Offtcers of SOT in interfering u-tith lauful business of petitioner shops under the guise of impugned notification No. (L & O)/ M4/ 314O/ 2OiO, dated. 3O.O6.201O passed. bg the 2nd respondent and forcing the petitionei to secure similar orders from this Honourable Court os passed. in W.P. No.16281 of 2O10 and batch tluugh there i.s no uiolation committed by the petitioners in running tlrcir SpA Wellness Centre as arbitrary iltegat and. unconstitutional and uiolatiue of Articles 14, 19(j)(g) of tlrc Constitution of India and direct the respond.ents and their officers not to interfere in the day to day business of petitioner shops and grant...'
Heard Sri Revelli Ramanjaneyulu, learned counsel the petitioner and Sri M.Srinivas, learned 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.
Learned counsel appearing for the petitioner would submit that the petitioner is engaged in the business of appeaI1ng Assistant for \
-t 2 providing solutions for all beaury and wellness needs such as saloon and spa. '-he petitioner is holding a valid registration certihcates for running her business in Hyderabad 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 lo run the business as this Court had decided similar ir;sues in the order, dated 28'O9 ' 2O2l in W.P.No. 1628 I of 2 I1O and batch, wherein this Court issued the following direction:;: - "In view of the submisstons of Iearned counsel for both sides, these Writ Pet tions are disposed of in terms of order dated O4.O2.2O21 in I.A.No. i of 2O2O in W.P.No-2441O ol 2O2O ' permitting the petitioners to run the massage centres, subject to maintaining a record in the register to be maintained by t}re massage cent.es containing the dates of visits of the customers, their names and verifiable addresses together with the phone nunLbers, so as to enable the police to contact them on the aspect c f the request to the owner/ manager/ operator of the massage c,rntres to provide for the help from the opposite sex. Further, it shall be open to any police officer not below the rank of a Sub-Inspector of Police attached to any police station to veri y once in a while such records maintained by the massage ccntres and he shatl also be at libert5l to verify as to whether the particular customer has solicited any such special sewice from the massage centre or not. It is also open to the police lo take appropriate action depending upon the result of ary such verihcation and also considering the fact that whether the cross massage service provided to the customers is rn professional manner or not. police are also entitled to inv(.strgate into crimes, if any, reported against the petitioners. Pet.itioners are also directed not to keep the main door of the pre nises closed, during the working hours. Subject
3 to these conditions, the petitioners may be permitted to carr5r on the business, duly taking atl necessarJr and proper precautions to ensure that no incident of immoral activity is carried on under the guise of providing whole body massage. Miscellareous 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 present Writ petition is filed. 4 - 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 tlle order, dated 28.09.2021 in W.P.No. 16281 of 2O 1O 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 2A.O9.2021 in W.P.No. 16281 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 I I
I 4 To 1. 2. 3. 4. 5. 6. 7. SA BS 201O and batch, and if any deviation is observed, the respondents polic: may take appropriate steps strictiy in accordance with lew, and if any complarnt is made against the petitioner, the petrtioner shall cooperate with the enquiry with the respondents p,rlice. Needless to mention, it is open to the petitioner to obt;rin permission from the authorities i.e., Municipal and GS'l' and to comply with the order passed by this Court dated 28.O9.2021 in W.P.No. 16281 of 2O1O and batch. As a sequel, the miscellaneous petitions pendrng, if any, shall stand closed. No costs //// .MOHD. ISMAIL DEPUW REGISTRAR ,,s IJ SECTION OFFICER The Principal Secrr:tary, Home Department, T.S. Secretariat, State of Telangana at Hyderabad, TG-500004. The Commissioner of Police,, Cyberabad Police Commissionerate, Old mumbai Hwy, Telecc,m Nagar Extension, Gachibowli, Hyderabad, Telangana 500032. The Assistant Com'nissioner of Police, ACP Narsingi Division, Narsingi Village, Western Sidr:, Hyderabad, Telangana 5001'
The Station House ()fficer, Gachibowli Police Station Gachibowli Rd, Beside JNIDB, Junction, Gar;hibowli, Hyderabad, Telangana 500032. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUTJ One CC to SRI REV[:LL| RAMANJANEYULU, Advocate [OpUC] Two CD Copies
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I HIGH COURT DATED: 0110512026 ORDER WP.No.14534 of 2026 DISPOSING OF]'HE W.P AT THE STAGE'OF ADMISISON WITHOUT COSTS. 1 I flAl, 2026 /i G)," t1 ( l,t
'/ THE HONOT'RABLE SRI .TUSTICE K.LAKSHMAN WRIT PEIITION Nos.16281 and, 16419 of 2O1O 797 7231 1876 and 2272 of2Ot4 3O317 of2O15 15413. 1s435.29229.2923t. 30848. 33121.38409. 40738. +0747 and 44939 of 2016 646,658,2955.3407. 11051, 2Cn69,25901. 2a920. 4LOt2. 4132a 41355 and,4L422 of 20L7 3442 17249 26367 26a22 34474 35307 38617 39397 39917.39937. 44044. 44067,45592 and 45658 of2Ot8: 2627 4399. 3A9t.4447. 18861, 19352,20036. 2t9o9. 21924,21930. 227o,o,23794,24674. 264LO,29107 ar.d 347 7o4 21297 2912L of 2OL9 1a87 1906 3589 472A 5378 20()89 20,443 2233A 225a4 22629 24oao 24357 244tO 2442.3361.473 2408L 24()85 24334 24657 24659 24660 24662 aodl 24673 of 2O2Ot ,44a8 6595, 6614, aO50. 13()10, 1L225, 11350. 14562. 16431.20734- 2275L. 22761.2276a. 22a15. 23031 23361 and 23a22 of2O2L COMMON ORI)ER: Since the issue involved in all these Writ petitions is one and 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 learned Government Pleader for Home that the entire batch of these Writ Petitions can be disposed of in terms of interim order dated O+.02.2O2I in I.A.No.t of 2O2O in W.P.No.2441O of 2O2O.
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In view of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of order dated 04.02.2021 in I.A.No. l of 2O2O in W-P.No.24410 of 2O2O, perrnittin g the petitioners to run the massage centres, subject to maintaining a record in the register to be maintained br the massage centres containing the dates of visits of the customers, their names and verifiable addresses together with the phone numbers, so as to enable the polit:e 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 below the rank of a Sub-l nspector of Police attached to any police station to verify once in a while such records maintained by the massage cer:tres and he shall also be at liberty to verify as to whether t-he particular customer has solicited any such special serwice from the massage centre or not. It is a-lso open to the police to take appropriate action depending upon the result of any such verif,rcation and also considering the lact that whether the cross massage service provided to the r:ustomers is in professional manner or not.
3 Police are also entitled to investigate into crimes, if any, reported against the petitioners. petitioners are a_lso 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.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.