Mojo Beauty Spa vs. The State Of Telangana
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The petitioner, Mojo Beauty Spa, operating a wellness center, filed a writ petition challenging the actions of police officials and the Special Operations Team (SOT) in interfering with its lawful business. The interference was allegedly under the guise of notification No. (L&O)/M4/3140/2010, dated 30.06.2010, and a demand to secure similar court orders as granted in W.P. No. 16281 of 2010 and batch. The petitioner contended that it was not violating any laws and possessed valid registrations. The respondents, represented by the Assistant Government Pleader for Home, argued that the petitioner was operating without necessary municipal and GST permissions and stated they would adhere to 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 28.09.2021 in W.P. No. 16281 of 2010 and batch. These directions permit the operation of massage centers subject to maintaining a customer register with verifiable details, allowing police verification of records and customer solicitations, and permitting appropriate action based on verification results. The court clarified that this order does not preclude the respondents from ensuring the petitioner's compliance with the previous directions. If any deviation is observed, the police may take appropriate steps in accordance with the law. The court also noted that it is open for the petitioner to obtain necessary permissions from municipal and GST authorities. The court did not explicitly address the validity of the impugned notification or the specific arguments regarding violation of Articles 14 and 19(1)(g) beyond directing adherence to the prior order.
Key Issues
1. Whether the actions of the respondent police officials and SOT in interfering with the petitioner's lawful business, under the guise of notification No. (L&O)/M4/3140/2010 and demanding similar court orders as in W.P. No. 16281 of 2010 and batch, are 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 possessed valid registrations, and it was not committing any violations. They contended that the respondents' actions were arbitrary and forced them to seek court orders unnecessarily, despite adhering to existing court directions. They relied on the principles of natural justice and the right to carry on a lawful business. Respondents' arguments: The respondents argued that the petitioner was operating without obtaining necessary permissions from municipal authorities and GST authorities. They stated that they were not interfering with the business activities but would follow the directions issued by the court in W.P. 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 marle the following ORDER
IN ?HE HrcH couRr i?*IH:;#rr or.rELArrcAra Ar TIIE IIONOURABLE SRI JUSTICE E.V.VENUGOPAL Date: 23.O4.2Cl26 Between: Mojo Beauty Spa ORDER: The state of Tere And f .i""in.i ffii{;fi :#8.}l"i li,. ",, Secretariat, Hyderabad vvvctr, and others .Petitioner .Respondents This writ petition is filed seeking the following rerief:- "...pleased. fo l5sue or1 rTnnr ^;^1- nlorepreferabts'::::\"i[:"":;'7ff ';?iiTr';S;:# directing tle action of Responient" ponce officia,s and Offters of SOf h hterfeing with tautfut'iur,in""" oy petitiorrcr shops under the gii^se of impu-gn"a n ifi*tAn No- (L&O)/M4/3140/2010, dated. 30.06.2010 pa.ssed bg the 2nd resportdent and forcing the petitioners to seclffe similar orders from this Ho,noirable Court as pa,ssed in W.P.No.16281 of 2O1O and batch tlwugh there rc no uiolation committed. bg the petitioners in running their spA wellness centre as arbitrary iilegar and. uncinstittttionar and uiolatiue of Afticres H, 19(1)(fl of *rc constitution of India and dtrect the respond.ents and their olficets not to interfere in the day to d.ay business of petitioiir sraps and. grant such other necessary retief or reriefs as fhrs Honbte Court mag deem ftt and. proper in the circumstanrces of tle ca.se..." 2' Heard sri Revefli Ramanjane]ruru, learned counsel appearing for the petitioner and Sri M.srinivas, learned Assistant Government pleader for Home appearing for the d d d d
i I 2 resl)ondents and with their consent' this writ petition is being takr:n up for disposal at the admission stage'
Learned counsel appearing for the petitioner would sut,mit that the petitioner is engaged in the business of providing solutions for all beauty and wellness needs such as salrton and spa. The petitioner is holding valid registration certificates for running his business in Hyderabad and Ranga Recldy. It is further submitted that the respondents visited the SPr\ Centre and asked the petitioner whether he has an order frorn this court to run the business as this court had decided sinrilar issues in the order, dated 28.09.2021 in w.p.No.162g1 of 2o1o and batch, wherein this court issued the following dirr:ctions:- 'In view of the submissions of learned counsel for both sides, these writ Petitions are disposed of in terms of order dated o4'o2'2o21 in I.A.No- r of 2o2o in w-p.No.244ro of 2o2o, permitting the petitioners to run the 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 and verifiabre 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 provide for the herp from the opposite sex' Further, it shall be open to any police officer not below the rank of a Sub_Inspector of poliA ;tation to veriry;;;';^;;"':::: attached b any wW ttre rnassage *rro"l"t in a while such ;#:H":,ffi:..T:I,::Txffi:T j: /. rhe rnassase;;;..:":::":", ;-;; "r oot. It i" atso opln E-
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result of any .;;;::ropriate action depending upon the that whether the crosr cation and also "onsiderilg;,;:, custc ;,:,:::a;i:d::ty"I1':::.."T':".,::"*,.,he ooo. o,1..". petitioner" ..1 "l*"s, if anv, ;1:.:i:J:,i: ,",*"li:fi,T;:*::: :::ffi:ffi: k"o,n. *;; ,..""r:.business''u''1t'l'onersmav;;:-hours'subject carried " ,o ..,.r.-;.r*r, arr ;.;;;*itted to carr, Miscelle on under tt. gui".t no inciden' 'i*lo and proper .,,r, "nfl'ous petitio"" "J":::-,ii* #Lfi, ;'3;: rll stand ctosed. There shalt be no order:: ,T:[::, , It is stated that the petiti( directions of this court "ro ,r' is arready imprementing the rere 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 sa*1e, the present writ petition. is fired.
Learned Assistant Government pleader for Home has submitted that without obtainlng any permission from the municipal authorities as weII as GST as required under raw, the petitioner is operating his business activities. He further submitted that the respondents are not interfering with the business activities of the pedtioner and the respondents wourd follow the directions issued by this court in the order, dated 28.09.2021 in W.p.No.l628 I of 2O1O and batch. F I {
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In view of the said submissions' this Writ Petition is disposedof,directingthepetitionertofollowthedirections issued by this Court in the order dated 2a'Og'2O21 in W.P.No. 16281 of 2010 and batch' However' this order does n1t preclud'': the respondents to ensure that the petitioner ls foliowingthedirectionsissuedofthisCourtinW.P.No.1623lof 2010 ir.nd batch, and if any deviation is observed, the responrl'ents police may take appropriate steps strictly in accordlencewithlaw,and'ifanycomplaintismadeagainstthe petitiotr.er,thepetitionershallcooperatewiththeenquirywith therel;pondentspolice'Needlesstomention'itisopentothe petitionertoobtainpermissionfromtheauthoritiesi'e'' Municipal and GST and to comply with the order passed by this court dated 28.Og.2021 in W.P.No.16281 0f 2010 and batch. As a sequel, the miscellaneous petitions pending, if any' shall ,stand closed. No costs. MOHD. ISMAIL DEPUTY REGISTRAR ,/.* /// \ sEcnoN oFFtcER \ To 1. The Principal secretary, Home Department, T.S' Secretariat' state of . Telang ana at Hyderabad, TG-500004'
The Commissioner of Police, Cyberabad Commissionerate, DiamOnd HillS, Lumrrini Avenue, Gachibowri, Hyderabad, Terangana _ s00032. 3' The Assistant commissioner of Poliii,_cp Fc puram Division, l{iiyapur potic,= station premises, !,Va,yii,Frd Reddy Dist _500049. 4' The Station Hor""''5m""., hanorranigar porice station. s i,lliryilr}F*S,f*e; fiffi,:fpin code s000s0
BIj?+"0 io[u ' *'"i HoME, High court roi in. ILi. ,r Tehnsana ar 1Q s 7- iy;;3qg:,[:-=vEllr RAMANJANEvuLu, Advocate topucl Y^. #3:i. ,.*i:,#%i.,o"Bl[nir the order dared 2B-s-2021 passed in r+ .} I D a ,,&
HIGH COURT DATED ; 2illo4l2026 ORDER WP.No.1 ',2765 of 2026 DISPOSING OF THE W.P WITHOI.'T COSTS. -.) r.J >{i 2 t rPn ?u[ * f * ( TB t
THE HOTV()URABLE SRI JUSTTCE rCLAI(ST{MAI{ 4 4 I QOMMON OROE& Since the issue invslys6 in all thc:se [Vnt petitions is one and the same, they are 6grng dispos< order. :d of by this common 2. tt is submitbd by the [earned cot , _ avqrrcLr c_otlnsel for the petitioners ta aII dre Writ petitions a_rrd learned Governmerrt plcader for Homc that thc entire barch of these Wrir petitions can be disposed of in recrns of interim order dated o4-o 2.202L ia I.A.No. L of 2}20in W.p.No.2 44 tO ot 2O2O. 3- In view of the submissions _of learned counsel for both sides, ttrese Writ petitions are disposed of in terms o[ order dated O4-O2-n2t in I.A.No- I of 2O2O in W.p.1ye.244lO ot 2020' permitting the petitioaers to run trrc rnassasc .entres, subj,ect to maintairting a rr=cord in the register to be marntaned by the Erassage ceatres containing the dates of visits of tlte customers, their .,€rmcs and verifiabre addresses togethcr with the phone numbers, so a.s to enable the poLice ..: .:t-:..j-R;, ::i:: "i:jjE.
'-'g:-#=- I tu' .L to corltact [he(t on the aspect -of the request to the owner/man ageclopetator of the rna'ssage centres to provide for the help from the opPosite sex' Ft'rrther' it shall be oPen to any police ofhcer not tretow the rank of a Sub-tnspector o[ Policc attachcd to any poLice station 16 venf/ once in a while suclr records rnaintarned by tf'" *tt"tgt ie4tres and he shalt also be at liberty to verify as to qrhether 'the particular custoos'er has soticited any such special service from the massage centre or not' tt is also oPen to the potice to take appropciate action dependiag uporr the resutt o[ any such vcrification and arso considering the fact that whether tie cross Erassagc service provided' to the ctt'stomers is in professional martner or rtot' Potice are also entit[ed to investigate into crimcs, it any' reported against thc pctitioners- Petitioners are also dirccted not to keep the main door of the prernises closed, during the working hours' subject to thcsc conditions. the petitioners rnay be perrnitted to carry on the business, duty taking'all necessary and proPer precautions to ensure that no incident of tmmoral activt\ is carried on under ttre guise of providing whole body'rnassage. Miscellaneous petitions pending in =.ll the Writ Petitisns. if any, shall-5tand closed. There shatt be no ord.eras to costs- Date:28_09-2021 TJMR K. [I\KSHMAI{, 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.