Vantaraa Wellness Spa vs. The State Of Telangana
Original PDF →Facts
The petitioner, Vantaraa Wellness Spa, represented by its proprietor, Kinnera Naveen Kumar, filed a writ petition challenging a notification dated June 30, 2010, issued by the Commissioner of Police, Hyderabad City. The petitioner operates a beauty and wellness center offering saloon and spa services and possesses valid registration certificates. The petitioner contended that police officials were interfering with their lawful business under the guise of this notification, demanding that they obtain similar court orders as granted in previous writ petitions. The petitioner argued they were already adhering to the directions issued in those prior cases. The respondents, represented by the Assistant Government Pleader for Home, submitted that the petitioner was operating without municipal and GST permissions and 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 issued in the order dated September 28, 2021, in W.P.No.16281 of 2010 and batch. The Court clarified that this order does not prevent the respondents from ensuring the petitioner's compliance with those directions. If any deviation is observed, the police are empowered to take appropriate steps in accordance with the law. The Court also stated that if any complaint is made against the petitioner, they must cooperate with the inquiry. Furthermore, the Court advised the petitioner to obtain necessary permissions from the Municipal and GST authorities and to comply with the previously passed order. The court did not explicitly set aside the impugned notification but effectively directed adherence to the established court order for operation.
Key Issues
1. Whether the action of the respondent police officials in interfering with the lawful business of the petitioner under 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 contrary to the provisions of the Hyderabad City Police Act, 1348 Fasli? Petitioner's arguments: The petitioner argued that their business is lawful and they possess necessary registrations. They contended that the police interference, demanding specific court orders, is arbitrary and illegal. They highlighted that they are already complying with the directions issued by the High Court in previous cases (W.P.No.16281 of 2010 and batch), which permit massage centers to operate under certain conditions. Respondents' arguments: The respondents argued that the petitioner is operating without obtaining necessary permissions from municipal authorities and GST authorities. They stated that they would adhere to the directions previously issued by the 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
flt\ a) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUC'OPAL tr,RIT PETITION No.14285 of 20.26 Date: O1.O5.2026 Betweetr: Van taraaWellness Spa . Petitioner And The State of Telangana, Rep. 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:- "...pleosed to issue Writ, or Writs, Order or Orders more particularlg one in the nature of uLrit oJ mondamus declaing the action of the Respondents Police Olficials and Olficers of SOT in interfering u.tith lauful business of petitioner shops under the gtise of impugned notificotion No.(L&Q/ Ma/ 3140/ 2O1O, dated 30.06.2O10 passed by the 2"d respondent ond forcing the petitioners to sealre similar orders from thi.s Honourable Court as passed tn W.P.No.16281 of 2010, W.P.No.797 of 2O1a and batch though there is no uiolation committed by the petitioners in ntnning their SPA Wellness Centre o-s arbitrary being iltegal, arbitrary and uiolatiue of Article La, 19(1)(9) of the Constitution of India, contrary to tlrc proubions of the Hgderobad Citg Police Act,1348 Fa'sli and ansequentlg set aside the same again st the petitioner..."
Heard learned counsel appearing 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 admissiolstaqer- n l I I
2
Learned counsel appearing lor the pelitioner would submit that the petitioner is engaged in tht: business o[ providing solutions for all beauty and wellness reeds such as saloon and spa. The petitioner is holding a valid registration certificates for running busincss. It is further sub:nitted that the respondents visited the SPA Centre and asked the petitioner whether he has an order from this Court to run tne business as this Court had decided similar issues in the order, dated 28.09.2O2 | in W.P.No.16281 of 2010 and batch, wherein this Court issued the following dircctions:- "In view of the submissions o[ learned counsel for l)oth sides, thesc Writ Petitions are disposed of in terms of order dated O4.O2.2O21 in I.A.No. I of 2O2O in W.P.No.244lC of 2O2O, permitting the petitioners to run thc massagc centr,3s, subject to maintainlng a record rn the register to be maintained bl the massage centres containing the dates of visits of the customers, their names and verihable addresses to5;ether with the phone numbers, so as to enable the police to contact them on thc aspect of the request to the owner/ manager/ :perator of the massage centres to provide for the help from ttLe opposite sex. Further, it shall be open to any police ofhcer not below the rank of a Sub-Inspector of Police attached to any potice station to verify once in a while such records mai.rtained by the massage ccntres and he shall also be at libertl, 'o verifl, 35 to whether the particular customer has solicited any such special sewrce from the massage centre or not. It is, also open to the police to take appropriate action depcndinp. upon the result of an,v such verification and also considering the fact that whether thc cross massage service providecl to the customers rs in professronal manner or not. police are also entitled to investigate into crimes, if any-reported (rgainst the t: r: lE tl I
I 3 petitioners. Petitioners are 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" 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 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 O9'2O21 in W.P.No. 16281 of 20I0 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 t I
4 following the directions issued of this Court in W.P.No.16281 of 20lO and batch, and if any deviation is observed, the respondents police may take appropriate steps strictly in accordancc 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 arrthorities i.e., Municipal and GST and to comply with the order passed by this Court dated 28.O9.2021 in W.P.No. 16281 of 20tO and barch. As a scquel, the miscellaneous petitions pe nding, if any, shall stand closed- No costs. . M. OSMAN ALI BAIG ASSISTANT REGISTRAR //// 6 To, 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 Station House Officer, Banjara Hills Police Station, Banjara Hills, Hyderabad, Telangana State.
One CC to SRl. CHOKKI NARENDER, Advocate [OPUC]
Two CCs to GP FOR HOME, High Courtfor the State of Telangana, at Hyderabad tourl
Two CD Copies Along with a copy of the order dated 28.09.2021 in W.P No,1 6281 of 2010 o DAN '4
.-f HIGH COURT DATED: 0110512026 ORDER WP.No.I4285 of 2026 /.. .llt' ., 6+.fr:ii\ 1.., 15 tl ttY 2fr26 ,. t I i I DISPOSING OF THE WRIT PETITION WITHOUT COSTS I 0
=-= THE T{ONOURIALE SRI JUSTTCE K.I^AKSFTtr{.ATT q/RIT PE'TITTON Nos- 16281 a<rd L6419 .rf 2OLO 797- L23t,ta76 a.o.d. 22'12 of 20f.f: 3O317 of 20ls r5413 r5435 29229 29231 3084a 3312 t 34409 40738 40787 aqd. 44939 of 20 t6 646 658 2955 3407 rrost 20069 2590L 2A920 4 LOL2 41328 41355 and 4 t422 of 2OL7 3482 L7249 26367 26A22 34478 35307 38617 39397 J99 L7 39937 44044 44{67 45S92 and 45658 of20 I a & 42627 4399 389 t 4447 laa6t r9352 2L9{R 2t924 21930 227o,0 23794 246'14 264 tO tOT ead 2 L2L of 2OL9 9 347 70a ta87 r9()6 3589 4728 537a 20089 20443 21297 22338 22584 2264 240AO 24{8 L 24Ms 24334 2435'I 244 tO 2465'I 24659 246100 24662 a .24673 ot 2O2O 2442.336tt 4473 4488,6595 ,66L4 r3010, LL22S ao5 t 1350 1456 1643 r 20734 2275L 2276t 2275A 22ats 2303 t 2336 L atd 23822 ot 2O2l COI\{MON ORDER: Sr(rce (hc rssue involved in all ttrcse Wnt petitions is one ald thc samc. tlley arc being drsposed of by ttris commoo orde. 2 lr is subrnrtted try thc tearncd counse[ for the petttioners in all tlrc Wnt l,etitions alld Iearned Governmertt pleader for Homc that thc catire batch o[ these Wiit petitions can be drsposc<l of in reerns ol rntefrm order dated O4-O2.2O2 i in t.A No t ot 2020 rn W. p No 2441O o( 2O2O - 3 ln view of ttrc submissions of tear.rred counsel tor both sidcs, these wnt petituons are disposed of ifl te.rns of order dated O4-O2.202t in I.A.No. L of 2O2O in W.p_No-244tO ot 2020, pcrrrratting ttre pctitioaers to run the massa€e ccotres, subject to maifltaiRing a record ifi the reg.ister to be rnaifttarrted by ttre (flassage cc(ttres corrtaioing the dates of wisits of tlte custo(rers, their names and verifiabte address€s togethcr urith the ptlorrc nurnf>ecs, so as to coable the potice
to contact theca on ttre aspect o[ th(: ccquest to the ovmer/ managea/operator of the rnassagc ceat.es to provide for the help from ttre opposite ser. Further. rt shall be open to any police officer nor bclow thc cank o[ . Sub-(nspector of (} Policc attached to arly potice srarion to-venfy o,nce in a-whilc such records maintarned by the massage icntres arrd he shatl also be at liberty to verify as to whether thc particular custorrrer has solicitcd any such specral scrwicc [rorn the massage centre or not. [t is also opcn ro :trc police to take approprrate actio a dcpcncling upoe rhc resutt of any suclr vcrification and also <:onsidcrrng the facr Ltrat (,hcttrer thc c.oss rnassage servrcc pro\,rdcd to thc cuslomers is in professional mannc. or not Policc arc also cntitl,ed to investigatc iato crimes. it any, reporred against tlte petrtioners- Pctitioners arc also dirccted not to keep tlic maio door of the premiscs closed. duciog drc rvq5fuing 66qr5. ' Subiect- fo thcse conditrons. the pet.itioocrs rnay be permitted to carrjr on the busircss. duly takrng all necc.ss;rqr artd proper precautions to ensurc ttrat no incident o[ rorrnoral activity is cdrried on uoder the guise of providing whoLe body rnassagc- Miscellafleous petitions pendrng in a{l rhc Writ pctitions. it any, sttall- stand clqsed. Thcrc shalt be no or<lcr as to costs- 8:. IIIKSHMAN, J Dar.€'.28-O9.2O2L 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.