The High Court · 2025

...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed ther."*it, the High Court may be pleased to issue an appropriate writ, order or direction more preferably one in the nature of Writ of Mandamus, dectaring the action of the 2nd respondent in issuing the impugned notification no. (laoyu+ 3140t2010, dated 30.06.2010 passed by the 2nd respondent as illegal, ,ibitrury, discriminatory, violative of Article to{he provisions of the Hyderabad city Police Act 1348 Fasli and consequenfly set aside the same against the petitioner, in the interest of justice 14, 19 (t) (g) of the constitution-of lndia, "ontrrry lAno: 1OF 202s Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the peiition, irr" nigr., court may be pteased to suspend the impugned notification No. (L&o)tw4l314O]2O1O, dated 30.06.2010 passed by the 2nd respondent againSt the petitioner, pending disposal of the above Writ Petition - Counsel for the Petitioner: SRI T.S.N. MURTHY counsel for the Respondents: sRt R. LAXMIKANTH REDDY, ASST. GP FOR HOME The Court made the foilowing: ORDER / IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD 't THE HONOURABLE SRt JUSTICE N.TUKARAMJI DATE : 05.12.2025 Between Eternal Oasis, The Luxurious SPa Rep. by its Proprietor Y.Srinivasa Rao Petitioner AND The State of Telangana, Rep., by its PrinciPal Secretary, Home Department and 3 others. ORDER: Respondents This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief/s:- "...fo r'ssue an appropriate writ, order or direction more preferably one in the nature of Wit of Mandamus, dectaing the action of the 2nd respondent in issuing the impugned notification no. (L and O)/M4/3140AU0' dated 30.06.20,6 passed by the 2nd respondent as iltegal, ahitrary, disciminatory, violative of Article 14, 19 (1) (g) of the constitution of lndia, contrary to the provisions of the Hyderabad City Police Act 1348 Fasli and consequently sef astde the same against the petitioner, in the interest of iustice...." I : :i 'i I , 2

2. Heard Mr. T.S.N. Murthy, learned counsel for the petitioner and Mr.R.Laxmikanth Reddy, Iearned Assistant Government Pleader for Home appearing for respondents.

3.1. Mr. R.Laxmikanth Reddy, learned Assistant Government Pleader for Home, appearing for the respondents, submits that Crime No. 184 of 2018 was registered for offences under the Prevention of lmmoral Traffic Act, 1956. After completion of investigation, a charge sheet was filed, and the case was taken cognizance of as S.C. No. 278 of 2022 on the file of the learned I Additional Sessions Judge, Kukatpally, Medchal-Malkajgiri District. He further submits that the said Sessions Case culminated in acquittal on 17.05.2024.

3.2. Further submits that during the course of investigation, the respondents/police authorities interacted with the petitioner and inspected the premises concerned. The allegations of interference by the police with the petitioner's business activities are, therefore, baseless, as the respondents have acted strictly in accordance with the legal procedures established by law.

3.3. Additionally, he fairly submits that a Coordinate Bench of this Court, in several similar writ petitions, has permitted petitioners to \ continue their business operations subject to compliance with cerGlir{" 3 specified conditions, and has clarified that any violation or transgression of applicable notifications or statutory provisions would entifle the respondents/police authorities to take appropriate action in accordance with law. He, therefore, prays that appropriate order be passed in the Present case-

4. I have carefully perused the material available on record

5. As rightly contended by the learned Assistant Government Pleader for Home, this Court, in W.P. Nos. 16281 and 16419 of 2010 and the connected batch of matters, vide order dated 28-09-2022, permitted the continuance of business operations, subject to compliance with certain stipulated conditions. The relevant portion of the judgment is extracted hereunder: "ln 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 l.A-No.1 of 2020 in W.P.No .24410 ot 2020, permitting the petitioners to run the massage centres, subject to maintaining a record in thd register to be maintained 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-lnspector of Police attached to any police station to verify once in a while such records maintained by the massage centres and he shall 4 l '"i also be at liberty to velrify 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 customers is in profebsional manner or not. Police are also entitled to investigate into crimes, if any, reported against the petitioners. Petitioners 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, duty taking all necessary and proper precautions to ensure that no incident of immoral activity is carried on under the guise of providing whole body massage."

6. Having regard to the facts and circumstances of the case, and in the interest of justice, this Court deems it appropriate to permit the petitioner to continue business operations, subject to the strict and scrupulous adherence to the guidelines set forth in the preceding paragraphs. Ordered accordingly.

7. lt is, however, clarified that such coritinuance of business shall be subject to compliance with all statutory requirements and executive notifications in force. ln the event of any deviation by the petitioner from the above mentioned guidelines or a violation of the conditions of the notification, the respondents/police authorities shall be at liberty to take appropriate action in accordance with law. -.Jol / =7 5

8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Pending miscellaneous apptications, if any, shall stand closed. //TRUE COPY// NNA KRISHNA REGISTRAR OFFICER To,

2. 3. 4. 5. 6. 7. Ny The Prl secretary, Home Department, The state of Telangana, Secretariat Buildings, HYderabad T[e CoiniriSsioner of Potice, Cyberabad Commissionerate, Hyderabad fne Aisistant Commissioner, Cyberabad Commissionerate iG Strti"" ftouse Officer, Chandanagar Polic-e Station, Hyderabad One CC to SRI T.S.N. MURTHY, Advocate [OPU-C] iil CC.iocp rOC uoruE, High Court foithe State of Telangana. [oUT] Two CD CoPies BN GJP HIGH COURT DATED:05/1 212025 ? / ORDER WP.No.37295 of 2025 itf S 14 ) :.) ..) 19 0tc 2u5 * i)F_.':lP,i'r^ 'rf-O * ' 4+ DISPOSTNG OF THE WRIT PETITION WITHOUT COSTS q \1/ \