Lotus Wellness Beauty And Spa vs. The State Of Telangana
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The petitioner, Lotus Wellness Beauty and Spa, sought a writ of mandamus to declare an impugned 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. The petitioner argued that they were operating their beauty and wellness business with valid registrations and were already complying with the directions issued by the High Court in a previous batch of writ petitions (W.P. No. 16281 of 2010 and batch, dated September 28, 2021). The respondents, represented by the Assistant Government Pleader for Home, contended that the petitioner was operating without necessary permissions from municipal authorities and GST. They stated that the police were not interfering with the business 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 the previous directions. If any deviation was observed, the police were permitted to take appropriate steps in accordance with the law. The Court also stated that if any complaint was made against the petitioner, she should cooperate with the police inquiry. The petitioner was also advised that it was open for her to obtain necessary permissions from the municipal and GST authorities. The Court did not set aside the impugned notification but effectively directed adherence to the established court order and existing legal framework. The Court did not expressly leave any issue undecided, but the core of the dispute regarding the legality of the notification was implicitly resolved by directing compliance with the prior order.
Key Issues
1. Whether the action of the second respondent in issuing the impugned notification dated June 30, 2010, is illegal, arbitrary, discriminatory, and violative of Articles 14 and 19(1)(g) of the Constitution of India and the provisions of the Hyderabad City Police Act, 1348 Fasli, as contended by the petitioner? Petitioner's Arguments: The petitioner argued that the impugned notification was illegal and arbitrary. They asserted that they were already operating their business in compliance with the High Court's order dated September 28, 2021, in W.P. No. 16281 of 2010 and batch, which permitted massage centers to operate under specific conditions. The petitioner claimed that despite adhering to these conditions, the respondents were insisting on a fresh court order to continue their business. Respondents' Arguments: The respondents, through the Assistant Government Pleader, argued that the petitioner was operating without obtaining necessary permissions from municipal authorities and GST. They stated that the police were not interfering with the petitioner's business activities and 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
The Court made the following: ORDER
IN THE HIGH COURT F1OR THE STATE OF TELANGANA AT TTYDERABAI) THE HONOURABLE SRI JUSTICE E.V.VEI{UGOPAL WRIT PETITION No.1 4502 of2O26 Date: O1.O5.2026 Between: Lotus Wellness Beaut5r and Spa And The State of Telangana and others ORDER: ..Petitioner ..Respondents This Writ Petition is filed seeking the following relief:- "...to declare declaring the action of the 2"d respondent in issuing the impugned notifi.cation No.&A,Q/ Ma/ 314O/ 2O1O, dated 3O.06.2O1O passed bg tLE 2"d respondent as illegal, arbitrory, disciminatory, uiolatiue of Article 14, 19(1) (fl of the Constitution of India, controry to the prouisions of the Hgderabad Citg Police Act, 1348 Fo,sli and consequentlg set-o.side the some against the petitioner, in the interest ofjustice and grant...'
Heard Sri Chokki Narender, learned counsel appearing for the petitioner and Sri M.Srinivas, learnird 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. 3. karned counsel appearing for the petitioner would submit that the petitioner is engaged in the business of providing solutions for all beauty and wellness needs such as saloon and spa. The petitioner is holding a valid registration
- i, . .-I 2 certiflcates 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 to run the business as this Court had decided similar issues in the order, dated 2 8.O9. 2O2L in W.P.No. 16281 of 2010 and batch, wherein this Court issued the following directions: - "In view of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of or<ler dated 04.02.2021 in l.A.No. I of 2O2O in W.p.No.244lO of 2O2O, permitting the petitioners to run the massage centrerr, subject to maintaining a record in the register to be maintainr:d by the massage centres containing the dates of visits of the customers, their names and verifrable addresses together 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\ride for the help from the opposite sex. Further, it shall be open to any police oflicer nft below the rank of a Sub-lnspector of Police attached to ar$r police station to veri$r once in a while such records maintained by the massage centres and he shall also be at lib€rty to verify as to whether the particular customer has solicited a:ry such special service from the massage centre or not. It is also open to the police to take appropriate action depending upon the result of any such verification and also considering the fact that whet-her the cross massage service provided to the customers is in professional manner or not. police eue also entitled to investigate into crimes, if any, reported against the petitioners. Petitioners are also directed not to keep ttLe main door of the premises ciosed, during ttre working hours. Subject to these conditions, the petitioners may be permitted to carry on the business, duly taking a-11 necessarJr and proper precautions to ensure that no incident of immoral activity is 3 I 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 present Writ petition is filed. 4. lrarned Assistant Gove.rnment 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. 1628I of 2O1O 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 .2O2L in W.P.No. 16281 of 201O 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 20 10 and batch, and if any deviation is observed, the respondents police may take appropriate steps strictly in /r' I
F! 4 accordance with law, and if any complaint is made against the petitioner, the petitioner shall cooperate with th: enquiry with the respondents police. Needless to mention, it is open to the petitioner to obtain permission from the ar.rthorities. i.e., Municipal and GST and to comply with the order passed by this Court dated 28.09.2021in W.p.No. 16281 of 2OlO and batch. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No costs. B.G. VYJAYANTHI ASSISTANT REGISTRAR \ G To, //II SECTION OFFICER
The Principal Secretary Home Department, State of Telangana, T. S. Secretariat, 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, KPHB Police Station, KPHB, Hyderabad, Telangana State.
One CC to SRl. CHOKKI NARENDER, Advocate [OPU]I
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 28.09.202'1 in W.t' No.16281 of 2010 & Batch DAN GJP \Y I
HIGH COURT DATED: 0110512026 ORDER WP.No.14502 of 2026 ,,.:. ,', rtt // -*,,, ( 1.., ../ -2 .:: '. .t., ... ', }', \Q DISPOSING OF THE WRIT PETITTON WITHOUT COSTS "} "oqw .,.tT :i r
/ THE HONOURABLE SRI JUSTICE K.LAKSIIMAN VTRIT PETITION Nos.1628 l and 16419 of 2Olo; 797 t23l 1876 and.2272 of2Ol4 30317 of2Ot5 2912L of 20L9 347 7oa 1887 I906 3589 472A 5378 20oa9 2o443 21297 2233a.2 25a4.226 29,240ao 24081.240a5,24334 24357 244ro.24657,246s9.24660.24662 and.24 673 of 24a2.336L 4473.44ae 614. 8050 130Lo.57225, 2O2Oi 595, 6 6 11350 14562 16431 20734 22751 22761 2276A 228L5 23031 23361 and 23822 of 2O2t COMMON ORDER: Since the issue involved in al1 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 a_11 the Writ petitions ard learned Government pleader for Home that the entire batch of these Writ Petitions can be disposed of in terms of interim order dated O4.O2.202I in I.A.No.l of 2O2O in W.P.No.2441O of 2O2O. 15413 15435 29229 2923r 30848 33L2L 38409 44939 2o16 4()738 7 alnd of 646 658 4732 4135s and,41422 of 2077 410r2 3482 L7249 26367 26a22 3447A 35307 ,38617 39397 39917 39937 440,44 44067 45s92 455s8of 18 2627 4399 3891 188 193 20,036 2L909 2955 3407 11051 20o6 28920 2 1 B 7 I 2t 2L93o 227o0 23 74 2641O 9lO7 and
In view of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of order dated 04.02.2O2I in I.A.No. 1 of 2O2O in W.F.No.24410 ol 2020, permitting the petitioners to run t.he 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 aed verifiable addresses together with the phone number s, 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 heip from the opposite sex. Further, it shall be open to any police ofhcer not below the rank of a Sub-Inspector of Police attached to any police station to veri$r once in a while such records m,ajntained by the massage centres ald he shall a-lso be at lib<:rt5r to verify as to whether the particular customer has solicited any such special service from the massage centre cr not. It is also open to the police to take appropriate action depending upon the result of aly such verification and also considering the fact that whether the cross masriage service provided to the customers is in professiona-I marrner or not.
3 Police are a_lso entitled to investigate into crimes, if arty, 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 condition-s, 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 g-rise of providing rvhole body massage. Miscellaneous petitions pending in a,ll the Writ petitions, if any, shali stand closed. There shall be no order as to costs. Date:28.O9.2021 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.