MOJO WELLNESS BEAUTY AND SPA v. The State of Tela

Petition Under Article 226 oI lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more preferably one in the nature of writ of Mandamus directing the action of Respondents police fficials and officers of Sor in interfering with lawful business of petitioner shops under the guise of impugned notification No. (Lando/M4lz14ot2o1o,dated. 30.06.2010 passed by the 2nd respondent and forcing the petitioners to secure similar orders from this I :i I I : i I Honourable Court as passed in W. P. No 16281 of 2O10 and batch though there is no violation cr>mmitted by the petitioners in running their SPA Wellness Centre as arbitrary illegerl and unconstitutional and vlolative of Articles 14, 19(1Xg) of the Constitution ol'lndia and direct the respondents and their officers not to interfere in the day to day business of petitioner shops and grant. |.A.NO:1 OF 2426 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 and their officers not to interfere in the business of petitioners, pending disposal of the above writ petition. Counsel for the Petitioner: SRl. PILLI RAJSHEKAR Counsel for thrs Respondents : SRI M.SRINIVAS, AGP FOR HOME The Court at the stage of admission made the following ORDER ,: IN THE HIGH coURT FoR THE STATE oF TELANGANA AT HYDERABAT) THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL Date:23.o,4.2o126 Between: Mojo Wellness Beauty and Spa And Petitioner The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and others ORDER: ..Respondents This writ petition is filed seeking the following relief:- "...fo essue an appropriate writ, order or direction more preferablg one in the nafire of writ of Mand.amus directing tlrc action of Respondents potice Officiats and" Olfiers of sor tn interfertng with raufur busfness of petitioner sraps under the gube of impugned. notift.mtion No.(L&O)/ M4/ 3140/ 2010, dated.. 50.06.2010 passed. bg the 2nd respondent and forcing tLtc petttioners to secure similar orders from this Honourq.bre court as pa.ssed. in W.P.No.1628t of 201O and batch thaugh there is no uiolation committed by the petittoners in running their spA wellness centre as arbitrary iltegat and. ununstittttional and uiolatiue of Articles la, Dfi)(g) of the constittttion of India and direct the respondents and tlrcir offtrerc not to interfere in the dag to dag business of petttioner shops and. grant..." 2- Heard Sri Pilli Rajshekar, rearned 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. 'r-' - '- \\ \\ 2 Learned. counsel appearing for the petitioner would 3. submit that the petitioner is engaged in the business of providing solutions for all beauty and wellness needs such as saloorr and spa. The petitioner is holding valid registration certifi,:ates for running his business in Hyderabad and Ranga Reddl'. It is further submitted that the respondents visited the SPA Oentre and. asked the petitioner whether he has an order from this Court to run the business as this Court had decided similerr issues in the order, dated 28.09.2021 in W.P.No.16281 of 2O1O 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 order dated O4.O2.2O21 in I.A.No. t ot 2O2O in W.P.No.244lO of 2O2O, permitting the petitioners to run the massage centres, subject to maintaining a record in the register to be maihtained by the massage centres containing the dates of visits of the customers, their names and verifiable 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 help from the opposite sex. Further, it shall be open to any police officer not below the rank of a Sub-Inspector of Police attached to any police station to verify once in a while such records maintained by the massage centres and he shall also be at liberty to verify as to whether the particular customer has solicited any 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 whether the cross massage service provided to the custgners is in professional rnanner or not. Police are also t ) 3 petitioners. petitioners entitred to investigate into crimes, if any, reported against the are arso directed not to keep the main door of the premises crosed, during the working hours. subject to these conditions, the petitioners may be permitted to carr5, on the business, duly taking all necessary and proper precautions to ensure that no incident of irtmorar 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 arready imprementing 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 his 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.t62gl of 20tO and batch. 5' In view of the said submissions, this writ petition is disposed of, directing the petitioner to fouow the directions issued by this court in the order dated 2g.og.2o2r in w'P.No. 162g1 of 2o1o and batch. However, this order does not \ \ t I \ 4 preclu.de the respondents to ensure that the petitioner is follow:.ng the directions issued of this Court in W.P.No.16281 of 2OlO and batch, and if any deviation is observed, the respondents police may take appropriate steps strictly in accorc[ance with law, and if any complaint is made against the petitioner, the petitioner shall cooperate with the enquiry with the respondents police. Needless to mention, it is 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 dated 28.09.2021 in W.P.No.l628l of 2010 and batch. As a sequel, the miscellaneous petitions pending, if any, shall s'tand closed. No costs. ,,TRUE COPY/ SDF MOHD. ISMAIL DEPUW pclsrnan (P SECTION OFFICER To I I i i : l.ThePrincipalsecretary, HomeDepartment,T.S.Secretariat, stateof Telan'3ana at Hyderabad, TG-5000O4' 2. The commfusioner of police, Malkajgiri commissionerate, Ramerkrishn"pri"* Post, Shiva Nagar Colony' Vayupuri' Neredmet' Secuttderabad, Telangana 500056' 3. The lssistant Commiisioner of Police, ACP L.B' Nagar Division' LB-Nagar - Uppal Rd, centrai arnk colony. L. B. lriagar, Hyde_rabad, Telangana 500074' 4. The Sitation Houie Officer, Chaitanyapui eotii" Station, Dilsukh Nagar Main -Nl,g.'' Kothapet, Hyderabad, Telangana Rd, ()pp Shalini Theatre. Pratap 5000:]5.

#5. Two ccs to GP FOR HOME, High court for the state of Telangana at 6. 6ns rlC to snl ptllt RAJSHEKAR, Advocate [OPUC] 7. Two (lD Copies Hyderabad [OUTI SA GJ s\ 'wE:' . -r"',; i_,] -t.s 1, €: .,:!l ,{[:.* HIGH COURT DATEDi 2310412026 ORDER WP.No.12763 of 2026 :.-i:: I 2 7 [Pfl mt6 * j ^11.,) :.) * DISPOSING OF THE W.P AT THE ISTAGE OF ADMISSION WITHOUT COSTS )-L l,^ THE HONO(,RABLE SRI JUSTTCE K.T.AKS[{MAI{ 123 I 4 I 4l L2 l 4 I COMMON ORDER: Since thc issue invslvs4 in ;rll ttrcse Wnt l]etitioos is one and the sarne, they arc being disposed. of by ttris common ordcr. 2- It is submrtted by the learned counsel for the petitioners in all ttrc wnt petitions and learned Government plead.er for Flomc trrat [hc cntire batch of trrese writ petitions can be disposect of in terrns of interim order dated o4-o 2.202L in I.A.No. L of 2C20 in W-p.No.2 44LO of 2O2O. 3- In view of the submissions of learned counsel for both sides, these Writ petitions €Lre disposed of in terms of order dated O4.O2.m2l in I.A.No- L of 2O2O in W.p-No_ 24410 ot 2020, perrnitting the petitiooers to run the massage centres, subject to rnaintaining a record in the register to be rnaintained by the rnassage oentres contaioing the dates of visits of tfte customers' ttreir .arnes and veriliabre addresses togethcr with the phone numbers, so as to enable the potice I t_ \ to contacr thern on the aspect of thc requcst to the owncr/rnanagec/operator of the massage cerr.tres to provide for the help frorn the opposite sex. Fr.rrther. it shail be open to any poticc ofltcer not bclor / thc rank of a Sub-tnspector of Policc ,attachcd to any potice station to venfy once in a white such records maintained by the massage ientres and he shalt also be at liberty'to verifSr as to whethec 'the partictrlar custorner has soticited any suctr special service frorn the massage centre or not. It is also open to the police to take appropriate actioa depending upon the result o[ any such verification and also considering the fact that whettrer the cross rrrassage service prouided to the customers is in professional manner or rrot. Poticc are also entitled to investigate into crimes, it any, reported against the petrtroners. Pctitioners are also dirccted not to keep the rnain door of the prerniscs closed, during the urorking hours- Subject to thesc conditions, tlc petitioners rrray be perrnitted to carr=1r on the business, duly taking all necessary and proper precautions to ensure that no incident o[ imrnoral activtty is carricd on under tl.e guise of provid.ing whole body rnassa.ge. Miscella.neous petitions pending in all the Writ petitions, if any, shall'5tand clo.sed. There shatt be no order as to costs- Date:28-o8.202L TJMR K. LAKSHMA.tr{, J