Diamond Beauty And Spa vs. The State Of Telangana
Original PDF →Facts
The petitioner, Diamond Beauty And Spa, represented by its proprietrix, operates a beauty and wellness business including a spa. The petitioner received a notification from the Commissioner of Police, Hyderabad City (2nd respondent), dated 30.06.2010. The petitioner claims to be operating under valid registrations and adhering to the directions previously issued by the High Court in W.P.No. 16281 of 2010 and batch on 28.09.2021. These directions permitted massage centers to operate subject to maintaining customer records and allowing police verification to prevent immoral activities. The petitioner filed the present writ petition challenging the action of the 2nd respondent in issuing the notification, alleging it to be illegal, arbitrary, discriminatory, and violative of constitutional rights. The respondents' counsel submitted that the petitioner was operating without municipal and GST permissions. The Court heard submissions from both sides.
Held
The High Court disposed of the writ petition by directing the petitioner to strictly follow the directions issued in the earlier order dated 28.09.2021 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 strictly in accordance with the law. The Court also noted that if any complaint is made against the petitioner, she shall cooperate with the police inquiry. Furthermore, the Court explicitly stated that it is open for the petitioner to obtain necessary permissions from the Municipal and GST authorities and to comply with the previously passed order. The Court did not decide on the legality or arbitrariness of the impugned notification itself, but rather focused on ensuring compliance with existing court orders and statutory requirements.
Key Issues
1. Whether the action of the 2nd respondent in issuing the impugned notification No.(L and O)/M4/3140/2010, dated 30.06.2010, is illegal, arbitrary, and discriminatory, violating Articles 14 and 19(1)(g) of the Constitution of India and the provisions of the Hyderabad City Police Act, 1348 Fasli? Petitioner's arguments: The petitioner contended that they are operating their business in compliance with the High Court's order dated 28.09.2021 in W.P.No. 16281 of 2010 and batch, which permits massage centers to run subject to specific conditions. They argued that despite adhering to these directions, the respondents are insisting on a fresh court order to continue their business, which is arbitrary. Respondents' arguments: The respondents argued that the petitioner is operating without obtaining necessary permissions from municipal authorities and GST authorities as required by law. They stated that they are not interfering with the petitioner's business activities and would abide by the directions previously issued by the Court.
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 FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.14365 of 2o26 Date:29.o4.2o26 Between: Diq.mgnd,Bqdg$r 4nd Spa Petitioner And The State ofTelangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and others ..Respondents ORDER This Writ Petition is hled seeking the following relief:- "...to issue an appropiate tui| order or direction more preferably one in the nature of Wnt of Mandamus, declaing the action of the 2nd respondent in issuing the impugned notifi.cotion No.(L&O)/ Ma/ 3140/ 2O10, dated 30.06.2010 passed. by the 2"d respondent as illegal, arbitrary, disciminotory, uiolat[ue of Article la, 19(1) (g) of the Constitution of India, contrary to the prouisions of the Hyderabad Cttg Police Act, 1348 Fasti and consequentlg set aside the some against the petitioner, in the interest of justice and grant such other necessary relief or reliefs as this Honourable Court mag deem fit and proper in the ctratmstance s of the case---"
Hcard Sri Chokki Narender, Iearned 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 admission stage
2
I-earned counsel appearing for the petitioner would submil 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 valid registration certificates for running her business in Hyderabad and Ranga Reddy. It is further submitted that the respondents visited the SPA Ccntrc and asked thc petitioner whether sh,r has an order from this Court to run the business as this Court had decided similar issues in the ordcr, dared 28.09.2O2 1 in W.P.No. 1628 I of 20i0 and batch, u'hcrein this Court issued the tollowing dircctions:- 'ln vieq, of the submissions of learned counsel for btth sides, thcse Writ Petitions are drsposed of in terms of orler dated O1.O2.2O21 in LA.No. I of 2O'2O in W.P No.24410 ol 2O2O, pcrmitting the petitioncrs to run the massage centrcrj, subjcct to maintaining a rccord in the rcgister to be maintained by the massage centres containing the dates of visits of the customers, their names and verihable addresses together with tlte phone numbers, so as to enablc the police to conlact them on the aspect of the request to tlte owner/ manager/operator of the massage centres to provide for the help from thc opposite sex. Further, rt shall be open to any police officer not below the rank ot a Sub Inspector of Police attached to atry police station to verifv once rn a u,hile such records maint.lined by the massage centres and he shall also be at tiberty to verify as to \\,hether the particular customer has soticited a-r1, such spccial sen,ice fronr thc massagc centrc or not. It is aLso open to ttre polrce lo take appropriale action depending upon the rcsult of an,\' suclt gerihcatrou ancl also Coltsiderlng the fact that whetherJhe cross massage sen,ice provide.l lo the customers'is in professional rnanlrcr or not. police irre also 3 entitled to investigate into crimes, rf any, reported against the petitioners. Petitioners are also directed not to keeP the main door of the premises, cl91ed, during the working hours. Subject to these conditions, the petitioners may be Permitted to carry on the business, 'duly taking all necessary and proper precau tions..to.ensure.,!ha[. n;. incideDt of immoral aclivity is carried on under the guise of providing whole body massage. Miscellaneous petitions pending rn all the Writ petitions, if any, shall stand closed. There shall be no order as to costs" It is stated that the petilioner 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.
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 the order, dated 28.O9.2021 in W.P.No. 16281 of 2010 and batch. 5. ln 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 28-09.2021 in W.P.No. 16281 of 201O and batch. However, this order does not I I
4 precludc the respondcnts to ensure that tle petitioner is following the dircctions issued of this Court in W.p.No.162g1 of 201O and batch, and if any deviation is observed, the respondents police may take appropriate,. str;ps strictly in accordance with law, and if any complaint is made against the petitioner, the pctitioncr shall cooperate with the enquiry with the respondents police. Needless to mention, it is opcn to the petitioncr to obtain permission from the authorities i.e., Municipal and CIST and to compl_y with the order passed by this Court dated 28.O9.2021 in W.p.No.l628l of 20 l0 and batch. As a sequcl, the miscellaneous petitions pending, if any, shall stand closed. No costs. .P.C. SULEKHA DEVI ASSISTANT REGISTRAR 6 To, //// SECTION OFFICER '1 . The Principal Secretary Home Department, T.S. Secretanat, Telangana State , Hyderabad, Telangana State.
The Commissioner of Police, Hyderabad City, Hyderabad, Telangana State.
The Commissioner of Police, Cybera bad Commissionerate, Gachibowli, Hyderabad, Telangana State.
The Station House Officer, Gachibowli Police Station, Gachibowli, Hyderabad, Telangana State.
One CC to SRI CHOKKI NARENDER, Advocate. [OPUq
Two CCs to GP FOR HOME, High Court for the Slate of Telangana, at Hyderabad [OUTI
Two CD Copies. (Along with a copy of the Order, dated 28-09-2021 in Wt']No.'16281 of 2010 to this Order) BSK
HIGH COURT DATED: 2910412026 ORDER t o 1t U HE SI4 flAY 2026 .a 1 l. Dtr l,AiCHt A 4'l .ot/ ..;/ / WP.No.14365 of 202G DISPOSING OF THE WRIT PETITION WTHOUT COSTS r(r J t,\ $ *
I Ttf E HONOURA.BLE SRI JUSTTCE T'IAI(SI{I!{A.U os- f628 t e(rd I 6419 ot 2Ot o 79'f L23L L876 eg.d 22'f2 ot 2OL4 3O3 17 of 2() tS !!!!1,_r s43 5 29229 2923L 30a4a 33t2t 344{)9 {o738 646,6s I 24920 4 toL2 4 t328 41355.a od 41422 ot mL7 3!92, L7249 26367 26822 3447A 35307 3a617 39397 399r7 39917 44044 44(]67 4s592 and 45654 o{ 20ta 6 e2627. Srrrc<: ttrc rssuc: involvc(l rn a thcse WnL pctitions is onc an(l thc s.rrne, (lley arc bcurg drsposed of by this common oadcr 2, lt rs sut)mrttcd by thc lcar( cd counsel for the pctitioners in all tlrc Wdt Pctrtions arr<l learnccl Got crn5nsnl pteader lor Homc tllat thc cnure batch of tttesc W.it pet_rtions cal1 bc disposc(l of io rcrins of interrm ordc. datcd 04 _O2.2O2 L to t A.No. I of 2O2O n W p.No 244 tO ot 2O2O _ 3- ln vicw o[ tlte submrssions of lcarned couosel for boul sides. thesc wnt petitrons are drsposed of in te.ms of ordcr dated 04 _O2 N2t trt t.A.No, t ot 2O2O W-P-No.244 tO of 4399. 3q9 4447 raa6 r935 2003 2L909 2L924 I 6 21930 22700 23794 24674 264 LO 29 to7 a.od 29121of20l9 347 70a L887 r9()6 3589 472a 537a 200a9 ?o443 2t297 4139- 22584 22629 24080 24oaL 24o,as 24334 24357 244LO 24657 245s9 24660 24662 e.dd 24673 ot 2O2O 2482. 73 4488 6595 66t4 ao50 t30lo I1225 I1350. 14s62 r6431 20734 2275 L 2276 L 2276A 22Ats 23031 23361 atd, 23822 of 202L cot\lMoN C)RDER t(l 2O2O, pcrmittrng tltc FJetitioaers to run Lhc massage cratres, - subject to mallrtainirrg a rc\cord in the registe( to be marntained by thc massagc ccotres corttarnirtg the dates ot visits o[ ttre custo(ters, their names alrd vcrifrablc addresses togetlct r*rith the phorlc ourrrbers, so as to caablc ttre police t1'
, o to contact thern on thc aspcct o[ the requcst to the otl,Ttcr/ rnanager/operator of thc rIlassagc (:c ntres to Provide' for t.hc hclp from the opposite scx Further. rt shall b€ opcn to any pohce officcr oot bcto(v thc rank of a :jtrb-(nspector o[ Policc attachcd to arly po[rcc statlon to veRfy once in a,wtrile d. such records maintained by thc rnassage ccolrcs aird hc shaJl also bc at tiberty to vecify as to whethc( thc particular customer iras solicited any suctr spccial s:rrrice [rom t]rc massage centre or not. [t is als() open to (ttc poticc to lake appropriate action dcpenclrog upon tlrc rr:strll o[ any such verification and also considerrnJl thc fact tl)at $,lrcther the cross massage serwicc lrrornclcd to the (:ustoftrcrs is rn professiona-l marrnc. o. not [)olrcc arc ;rlso catttlcd to investigate into crirncs. i[ a-ny, .cpc]rt(:(l agarnst the petitio nc rs, Pctitione.s are also dircctcd t.rot lc keep t-[re mairt door of the premiscs closed. du.lnU the ruocking trours Subject to thcse conditions. the p€trtionc.s or;ry be permitted to carry on the business, duly talong all nece:;sa5r alrd proPcr precauticns (o cnsu.c that no incidcot of imororal activity is carried on undcr ttrc guisc of providing whotc body massaBc Miscellarreorls petitions pendLng in all the W it Pctitions, it any, shall'stand closed. Ttrere shalt be no ordcr as to costs- K. I-AKSHMAN, J Oate.: 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.