Solash Family Saloon And Spa v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circurnstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing the impugned notification No. (LandOltM4l314Ol2O1O dated 30.06.2010 passed by the 2nd respondent as illegal, arbitrary, discriminatory, violative of Article 14,19(1) (g) of the Constitution of lndia, contrary to the provisions of the Hyderabad City police Act, 1348 Fasil, and consequently set aside the same against the petitioner :1 OF petition under Section 151 CPC praying that in the circqmstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned notification No.(L&O)/M41314O12010 dated 30-06-2010 passed by the 2nd respondent against the petitioner, pending disposal of the writ petition Counsel for the Petitioner: SRl. RAJANIKANTH JWALA Counset for the Respondents: SRI C. ANIKETH REDDY, AGP FOR HOME iri! .NO: I 2017 !o_o! !8 Beauty Care, Rani, Wo M. Venkatesh, Aged about 29 years, Hindu, OCC: Business, D. No.B-3-1 15/A and B, 3rd Floor, LB Towers, K6shavanagar, Srinagar Colony Road, Hyderabad. AND

1. The State of "Telangana, Home Department, T.S. Secretariat, Hyderabad. 2. The Commissioner of Police, Hyderabad City, Hyderabad. ...RESPONDENTS Petiiion under Article 226 of the Constitution of lndia praying that in the circumstarrces stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing the impugned notification No. (LandO)/M4t314Ol2O1O dated 30.06.2010 passed by the 2nd respondent as illegal, arbitrary, discriminatory, violative of Article 14,19(1) (g) of the Constituticn of lndia, contrary to the provisions of the Hyderabarl City Police Act, 1348 Fasil, and consequently set aside the same against th,: petitioner, l_A- NO: 1oF 2A17(WPMP. NO: 13770 OF 20171 Petition under Section 1 51 CPC praying that in the circumstances stated in the affirlavit filed in support of the petition, the High Court may be pleased to suspend lhe impugned notification No. (L&O)/ M4t314OlZO10 dated 30-06-2010 passed b'y the 2nd respondent against the petitioner, pending disposal of the writ petition. Counsel for the Petitioner: SRl. RAJANIKANTH JWALA Counsel lor the Respondents: Gp FOR HOME The Court made,{*re following: ORDER I THE HONOURABIE SRI JUSTICE N.TUIGRAMJI COMMON ORDER: These Writ Petitions are filed under Article 226 of C-onsritution of India seeking the following relief/s:- '... ro issue a rvriq Order or Direction nnre paaicularlyorrc in the nanre of Writ of ldandamus, declaring the action of the 2d respondent in issuing dated lo.oe.zoto the impugned nodfication No. -(Lsuo)/M4/yn/zoto illigal" 4i*y, discriminarory violatiwe of pxr.atyihe 2'd respondenr 'R.ri.L ti,tf1t1 ft) of the C-orsrituiion of India, conu?ryto the.provisions of rhe H)d.;i,JGry Police Acq 1348 Fasil, and conseqrrndy set aside the same agairst the petitioner..-- ." "s 2- [n both petitions, the petitioner challenges the impugned norification. Since the grievance and the issues raised are identical, ir is appropriate that the matterc be heard together and disposed of bywayof a common order.

3. None appeared on behalf of the petitioner-

4. I have heard Mr.CAniketh Reddy, leamed Assistant Government Pleader for Home appearing for respondent Nos' L and 2. t 2

5. The leamed Assistant Government pleader for Ftrorne submimed that the petitioper has sought a declaradon that Notification No. (r.so)/M4/3r40/2010, dated 30.06.2010, is invalid. Flowever, ir was pointed out that this C-ourt, in other wrir petitions, has alreadyheld that the said norificarion is perfecdyvalid and mairrainable, and therefore, the controveny raised in the present petfuion stands adjudicated. It was furrher submiuted that this Court, by its interim orider datcd 2g.Oi.2OLT directed that the petitioner may be permitted to continue business operations, subjea to certain conditions and any violation or ransgression of *re notification by the pedtioner rv<>ulcl entirle the respondent police authorides to take appropriate action in accorrdance wth law. 6' I have carefullyperused the materiars availabre on recorid. 7. As rnghdy contended by the learned fusistant Govemment Pleader fc,r Ftrorne, this Coun, in W.p. Nos. 162g1 and, 16419 of 2O1O and rhe corurected batch of mamers, while upholding the Notification No (I-rc)/M4/3140/2oto, dated 3o-06-2otl, permined the continuance of business opemtions, subject to ( ( 3 compliance with cenain stipulated conditions. The relevant ponion of the judgment is extracted hereunden .In viewof the submissions of learnedcounsel forboth sides, these VricPetitions are disposed of in rcrms of onCer dated O4.O2.2O2L in tAl'{o.l of 2O2O tfl W.P.No-244lO of 2)2},pe.miai"g the petfuionen to run tlre massage centres' subject to maintaining a record in rlre register to be maintained by the massage centr€s containing the darcs of visiS of the custorrrers' their nanres and verifiatb addresses rcgether with rhe phone numbers, so as to enable the police to contact them on th. ,rp..t of the rcquest to the owner/manager/operator of dre massage centres ro provide for the help from the opposite sex' Funher, it shall be open rc any police officer not below the rank of a Sub- lnspector of Police ,ur.h.J to any police station to verify once in a uilrile such recorrCs mahained by the rrurssage centres and he shall also be at liberqyto verify as to whether rhe parricular crsromer has solicited any such special service from the massage centre or not- It is also opcn to the police rc ake appropriate action depending upon ttre r,rch *,erificarion and also corside ring the fact drat whedrer the cross result o[ rfirssage service provided ro the customers is in professinnal manner or not' Police are also entitled to investigate into crirnes, ,f rePoned agairsc the petitioners. ^ny, "r,y Petitioners are also direcrcd not to keep dre main door of *re premises closed during the working hours. Subiect to ttrese condfuions, t]re petitiones Inay be permitted ,o .r.ry on the business, duly Eking all reessary and gIoqer poca,rtio.rs tp ensure that no incident of immoral activicy is canied on under the guise of providing whole body massage"-

8. Ftrowever, this C-ourt, having d"ly considercd the pleadings, deemed it appropr-iate to PsS, by way of interim measure, the - , following docket order- // n 4 *As at Prcsent advised, this C.oun is of the opinion *,,r rhe C-ommissioner of P*": Hyderabad Gry it entitled to ake all reionabt *.rr*u for prevention and imrnoral acdvities from happening, panicularly in massage :j"J,r::.*, Therefore, inst:ad of prevenring the mxsage cenrers from operating their ItIi::, it is appropriate to obr.*..L every massage cenrer mut maintain faittrr,lly a recorrd conaining data-wise visia of rhe .*io..r.o, rheir names and verifiable address rogether oi,t *. pio.,. numbers, so as ro enabre the pori:e to conurct them for the purpose of any verificarion. If a",y pardcurar crrstorr*!' nrakcs a specia! rcquesi ro -the ownt:r/manager/oparcr{ rh. russage cenrre to provide for rhe herp from rhe oppcsite se:g rhe same shafl be .ecoodJd in rhe ..gir... m be mainained by rhe rn:Lssrte cenues. It shall * onel @ ,'ry porice officer nor berou, rhe rank of a Sub_ Insgrtor of Police attaghed ro *; poriced station ,o *.,r, o*. - a while such records rnainained bythe -rrr"g. ..n*,. and he shail arso be at ribe*y m verify as to u/hether the panicurar.*a,,.. has soricired ,r,y ru.h ,p.ciar service from the nrassage cenrer or.not.-Depending upon the resurt of any such verificarion, appnpriate acdoncan be taken. Subject to thel permimed to carryon precaudons to er*ure drat no incidenr under the guise of pro"idi"g while body nr:rssage the pedtioner and rheir like rnay o" fe business, d.rry nki.,g a, necessa'a,cr propcr i**oor ,.ri.,iry i, carried on 1,ndi-tions, "nd ,,. 9' FIa'/ing regard to the facrc and circumsrances of the case, and in the interesr of jusdce, rh$ c-oun deems ir appropriate to permit the petiticrrer to continue business operations, subject to the strict and scrupulous adherence to rhe guidelines ser fonh in rhe preceding paragrapts- ordered accordingly. AccordingrS the petitioner is directed ro conducr its business in conformity with theq . \. ) said guidelina, and the contintrance of operations shall remain

10. It is, however clarified that such continuance of business shall be subject to compliance with all statutory requirerrrens and erecutive notificatioru in force. In the event of anydeviation bythe petitioner from the said guidetines or a violation of rhe conditiors of the notification, the respondent police authorities shdl be at libertyto take appropriate action in accondance with lavr'

11. Petruo nls disposed of. Therc shdl be no orrder as to costs. Miscellaneous Petitions, pending if any, shall standclose4 SO'- A.JAYASREE ASSISTANT6 SECTION OFFICER ,,TRUE COPY// To, 't The Princioal Setretary, Home Department, T'S' Secretariat, Hyderabad' i. ilie clj*,iiisioner of Police, Hvderbbad Citv, Hyderabad' 5: d; cC 6 -sRt. nnlnNtxnNrH JWALA' Advocate [oPygl, 4. iwo ccs to GP FOR HOME ,High court for the state of Telangana at 5. Two CD CoPies Hyderabad [OUT] BM APSK HIGH CC'URT DATED:03109t2025 ;1 .\ HE SIA o o 2 ? Jtt,l ?026 '- .{ COMMON ORDER WP.Nos,11015 AND 11088 OF ZOIT DISPOSING OF OTH THE WRIT PETITTONS B WITHOUT C OSTS w