Gachibowli Wellness Spa vs. The State Of Telangana
Original PDF →Facts
The petitioner, Gachibowli Wellness Spa, operating a salon and spa, filed a writ petition challenging the interference of police officials in their lawful business. The police, acting under the guise of notification No. L&Q/M4/3140/2010 dated 30.06.2010, insisted that the petitioner obtain a court order to continue operating, citing a previous judgment in WP No. 16281 of 2010 and batch. The petitioner contended they were running their business lawfully and adhering to all regulations. The respondents, including the State of Telangana and police authorities, argued that the petitioner was operating without necessary permissions from municipal authorities and GST, but agreed to follow the directions previously issued by the High Court in WP No. 16281 of 2010.
Held
The High Court disposed of the writ petition by directing the petitioner to strictly follow the directions issued in the order dated 28.09.2021 in WP No. 16281 of 2010 and batch. These directions permit the operation of massage centers subject to maintaining customer records (dates of visits, names, verifiable addresses, phone numbers) for police verification. Police officers not below the rank of Sub-Inspector are permitted to verify these records and check if customers solicited special services or if the massage service was provided professionally. The police are also entitled to investigate reported crimes and ensure the main door of the premises remains open during working hours. The Court clarified that this order does not preclude the respondents from ensuring compliance with the previous directions and taking appropriate action in case of deviation. It was also noted that it is open for the petitioner to obtain necessary permissions from municipal and GST authorities. The issue of the validity of notification No. L&Q/M4/3140/2010 was not expressly decided, but the police action was guided by the previous court order.
Key Issues
1. Whether the action of the respondent police officials in interfering with the lawful business of the petitioner under the guise of notification No. L&Q/M4/3140/2010 dated 30.06.2010 is arbitrary, illegal, and unconstitutional, violating Articles 14 and 19(1)(g) of the Constitution of India? Petitioner's Contention: The petitioner argued that their business of providing beauty and wellness services is lawful and they possess valid registration certificates. They contended that the police's insistence on a court order, referencing a previous judgment, was unwarranted as they were not violating any laws. They sought a direction to prevent the respondents from interfering in their day-to-day business. Revenue's Contention: The respondents submitted that the petitioner was operating without obtaining necessary permissions from municipal authorities and GST as required by law. However, they also stated that they would adhere to the directions previously issued by the High Court in WP 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 WRIT PETITION No.14286 of 2o26 Date:30.o'4.2o26 Betc/een: Gachibowli Wellness Spa . . Petitioner And The State of Telangana, Rep. by its Principal Secretary, Home Department, T.S. Secretariat, Hyderabad, TG-5O00O4 and three others Respondents ORDER: This Writ Petition is filed seeking the following relief:- ". . . pleased to issue Wnt, or Writs, Order or Orders more parliculorlg one in the nature of u.trit of mandamus declaring the oction of the Respondents Pollce OlfrcioLs ond Officers of SOT in interfeing u-tith la-tuful business of petitioner shops under the guise of impugned notification No.(L&Q/ Ma/ 314o/ 2010, dated 30.o6.2010 passed bg the 2"d respondent ond forcing the petitioner to sealre similar orders from this HonourabLe Court as passed in W.P.No.16281 of 2O1O and batch though tlrcre is no uiolation committed by the petitioner in ntnning their SPA Wellness Centre as arbitrary being illegal, arbitrary ond uiolatiue of Article la, 19(1)(9) of the Constitution of India" and direct the respondents and their olficers not to interfere in the dag to dag business of petitioner shops..."
Heard Sri Talari Raju, learned counsel appearing for the petitioner and Sri M. Srinivas, learned A ssistant 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. \ *i4,an 2
Learned counsel appearing for thc petitioner would submit that the petitioner is engaged in thc business o[ providing solutions for all beauty and u,ellness needs such as saloon and spa. The petitioner is holding a vald registration certificates for running business. It is further subnritted that the respondents visited the SpA Centre and asked the petitioner whether hc has an order from this Court to run the business as this Court had decided similar issues in the order, dated 2a.O9.2O2I in W.P.No. 16281 of 20iO and batch. wherein this Court issucd the lollowing directions:_ "ln vicq, of the subnrissior.rs o[ learned counsel lor boih sidcs, thcsc Writ Petitior.ls arc disposed of in Lcrrns ol-ord3r datcd O4.O2.2O21 in I A.No. I ot 2O2O in W.p.No.244 tO of 2O2O, ?emitting t+re ?€titioners to run *he massagc ccntres sut)ject to maintaining a record in the register to bc maintained by thc massage centres containing the dates o[ visits of the customers, their names and verihabte addresscs togct ter with the phone numbers, so as to enable the police to conte.ct tl]em on thc aspect of the request to the owner/ manager/ oBrrator of the massage centres to provide lor the help from the opposite sex. Further, it sha be open to any police oflicer nct below the rank o[ a Sub-lnspector o[ police attached to anr police station to verify once in a while such records maintained by the massage centres and he shatt also be at liberty to rerify as to whether the particular customer has solicited any such special service from the massage centre or not. It is alr;o open to thc police to take appropriate action dependrng u[)on the result of any such verilication and also considering thc fact that $,hether the cross massage servrce provided to the custorners is in profcssional manner or not. polrcc are also cntitl(--d to investigate into crimes, if any, reported againsL thc
3 petitioners. Petitroncrs 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 atl 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 anv, shall stand closed. There shall be no order as to costs" It is stated that the petitioner is already implementing the directions of this Courl 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 Govcrnment Pleade r for Home has submitted that without obtaining any permission from the municipal authorities as well as GST as required under [aw' 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 28'09 '2021 in W.P.No. 16281 of 20 10 and batch' 5. [n view of the said submissions, this Writ Petition is disposed ot, directing the petitioner to follow the directions issued by this Court in the order dated 2a 'O9 '2021 in W.P.No. 1628t of 20lO and batch' However' this order does not preclude the respondents to ensure that the petitioner is ) I fu xn \
4 following thc direcLions issued o[ rhis court in w.p.No. 162gr of 20 lO and batch, and it any deviation is observed, the respondents police may take appropriate steps strictly in accordance with [aw, and if any complaint is maCe against the petitioner, the petitioner shall cooperate with th<: enquiry with the respondents police. Needless to mention, tt.s open to the petitioner to obtain permission from the authorities i.e., Municipal and GST and to comply with the order passed by this Court datcd 2a.Og.2O2l in W.p.No. 16281 ot20lO:rnd barch. As a sequel, the misccllancous petitions pending, if any, shall stanrl closed. No costs MOHD. ISMAIL DEPUTY REGISTRAR IffRUE COPY// 6 To, SECTION OFFICER '1 . The Principal Secretary Home Department TS Sr-.cretariat Hyderabad TG500004
The Commissioner of Police, Cyberabad Police Commissionerate Old mumbai Hwy Telecom Nagar Extension Gachibowli Hyderabad Te[angana 500032
The Assistant Commissioner of Police, ACP Narsingi Di,rision Narsingi Village Westem Side Hyderabad Telangana 500119
The Station House Officer, Gachibowli Police Station (iachibowli Rd Beside JN1 DB Junction Gachibowli Hyderabad Telangana 500031
One CC to SRI REVELLI RAMANJANEYULU, Advocate [OPUC]
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 28-09-2021 in WF, No.16281 of 201O to this Order) BSK
HIGH COURT DATED: 3010412026 ORDER WP.No.14286 of 2026 11 li1[,Y ,rF;r\ a\ '{.)i., 126 Ali .*il 4,"/ ;':ti1,// ST; ,y DISPOSING OF THE WRIT PETITION WITHOUT COSTS (r @) \,r .-:-::,. .'.'
Tt{E HONO(,R..\.BLE SRI JUS-T'TCE K.LAI(SETMAI{ {I/RIT PETTTTc, N Nos- I 62E t and I 6419 ot 20L 797 L23L 1876 ar.d 22'f2 ot 20 Lq @ COMMON ORDER: Srrrce tlrc lssuc involved in all thcse f,VnL pclitiorrs is ooe 'Lnd thc samc. t^ey arc being drsposed of by Lhrs cornfllon oadea 2. [t ls sul)rorttcd by ttrc [earled couescl for Lhe 6retrlioners in all tlrc W.lr pcLiLioas arld tearned Govecnment plcader tor ['[ornc that tlrc cntire batctr o[ tlrcse WrIt petitio.ls can bc disposc<t of in tc.rns of inlcriro o(dcr da(ed O4.O2.2O2L ia t.A.No. t ot 2O20 ra W,p_No.244 t O ot 2O2O. ? ln r,iew o[ (he submissions o[ [earned counset for both sidcs. tfrese Writ petitioos are disposed of in terfrts o[ ordcr dated O4.O2.2O2 t in I.A,No. L of 2O2O in W_p,No_244tO ot 2020, pcrrnitdog Uae pcdtioners ro ruR the massage ceat-Fes, subject to rnaintaincd marntaining a record ifr Lhe registec to tre by thc 5na55ags ccrrtres co11.-arning ttre dates of sisits of the custo.ners, thcir namcs aqd wcrieiabte addrcsses togethc. q/ith thc phoqc aumbers, so as to ertatrlc thc protice 399i7 44o44 -;\2627 4399 389 r 4<t47 laa6 2L930 22700 23794 24674 347 70a l887 I ls 33 I2 I 3 z(t)73a 2 9 4lo L2 35307 3a6r 39397 7 2 and .156 I I t 52 6 2 909 2 L924 2 I lO7 a nd, 29 L2L ot 20t9 35a9 4728 537a 2o'0a9 21297 I 3()3 'f of 44787 a od 44939 o 2016 6s 2955 340-r f rtosl 20069 259rJr 4 L32A 41355 atld 4 t422 ot 20l7 3482 17249 26367 26a2 34478 2 t54t3 t5435 399 t7 22338 225A4 244LO 2442 336 r 29229 29 I I r350 L4562. I 22629 240 24oE\ 240a5 24334 24357 24657 2464e 24662 nd 246'73 4473 448a 6s9 66L 8050 r30 112 643L. 20734.22 751 761.22 228 t 5. 230 I 2336 22 of202t
6 to corttact thern on thc asPcct of thc r,:quest to the ou/nc./ rrranager/opcrator of thc rnassagc ccn-ces to Pcovide for thc lrctp f.om tl-rc opposite sex- Furttrer. tt shall be open to any policc officcr not bclow thc cank o[ a Sltb-[nspector o[ Police attached to arry po[icc staLion to vert]fy (,ncc in a-whilc e such records ma.i{rtained by the massage cen(res ajrd he shail also be at libcrty to venfy as fo whcdrcc ttrc particutar custorne. iras solicitcd any such spccial scrr.ic,c [rom the massagc cenrre o. not. [t is also open to thc poticc to takc app.opciate aclion dcpcndrag upoa thc rcsu[ o[ afly suctr veriftcation and also <:onsidcnng tlc fact that ('hettrer the cross rrlassagc sea\.rcc [)roqdcd to thc cu:itomcas is rn profession:el rnannc. or rlot l'olicc a.c also corrtlcd to tnvcstigaLc rnto crirnr:s, i[ anry. rcport.d against Ehe petilioners. PcLi(ioners are also dirccted not to kcep L[ie ruain door of dre prerniscs closed. du nng tle r,v,:rkrng lrours Subject to thcsc conditions, tlrc peLiLioncr-s rrrarz be pe.rnitted to cafr5, on ttre business, duty takrng aI[ ncccsseuy arrd propcr pcccautions to ensu.e ttrat no iocidcot o[ imrnoral actir/ity is cdrried on under tfre guise of providing whote trody ara-ssage, Miscellarrcous peti€ons peoding in all thc Writ Pctitions, if any, shall- stand clo-sed.- Ttrere shalt be no ordcc as to costs, K. T-"AKSHMAN, J Date:28-O9-2O2L TJMR I
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.