Praana Spa v. The state of Telangana

Petition under Article 226 of the 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, declaring the action of the 2nd Respondent in issuing the impugned Notification No. (L&O)/1M41314012010, dated. 30.06.20 10 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 Fasli and consequently selaside the same, in the interest of justice. lA NO: 1 OF 2025 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 suspend the operation of impugned Notification No. (L&O)/Ma/3140/20'10, dated. 30.06.20'10 passed by the 2nd Respondent, pending disposal of the above writ petition Counsel for the Petitioner: SRI N. SAIDA RAO Counsel for the Respondents: SRI R. LAXMIKANTH REDD\ , ASST. GP FOR HOME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETIT ION No-37386 0F 2018 DATE: 05.12.2025 Between: Praana Spa Rep. by its ProPrietor Sheik Rafiq AND The State of Telangana, Rep., by its PrinciPal Secretary, Home Department and 3 others REDRo Petitioner Respondents This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief/s:- ". ,.fo lssue an appropriate wit, order or direction more prefdrabty one in the nature of Writ of Mandamus, declaing the action of the 2nd Respondent in issuing the impugned Notification No. (L and OyM4/3140/2010, dated 30'06 2010 passed by the 2nd Respondent as illegal, ahitrary' disciminatory, violative of Aiicte 14, 19(1) (g) ot the Constitution of tndia, contrary to the provisions of the Hyderabad City Potice Act, 1348 Fasti and consequently set' aside the same, in the interest of iustice and grant such - 3

3.3.Additionally,hefairlysubmitsthataCoordinate[]rnchesofthis Court, in several similar writ petitions' has permittecl petitioners to continue their business operations subject to compliar< e with certain specified conditions, and has clarified that an)' violation or transgression of applicable notifications or statutory plt visions would entitle the respondentsi police authorities to take apprc; riate action in accordance with law. He, therefore, prays for approll iate order be passed in the present case.

4. I have perused the material available on record

5. As rightly contended by the learned Assistar Government Pleader for Home, this Court, in W.P. Nos. 16281 and 6419 ot 2010 and the connected batch of matters, vide order date ) 28-09.2022' permitted the continuance of business operatiorrt, subject to compliance with certain stipulated conditions. The reltr ant portion of the judgment is extracted hereunder: "ln view of the submissions of learned counsel for both ides, these Writ Petitions are disposed of in terms of order dated 04.0i1. 1021 in l.A.No.1 of 2O2O in W.P.No.2441 0 of 2020, permitting the peti i ,ners to run the massage centres, subject to maintaining a record in the register to t e maintained by the massage centres containing the dates of visits of th I customers, their names and verifiable addresses together with the phone numbers' so as to enable the police to contact them on the aspect of 1t 3 request to the I I I 4 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 massagq 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 customers is in professional manner or not. Police are also entitled to investigate into crimes, if any, reported againsl 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, duly 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 continuance 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 \ t ) the notification, the respondents/police authorities sha I be at liberty to take appropriate action in accordance with law B. Accordingly, the Writ Petition is disposed of. Th rre shall be no order as to costs Pending miscellaneous applications, if any, shall s and closed P.C. SULEKHA DEVI AS:S STANT REGISTRAR /-- ,TRUE COPYII SECTION OFFICER To, Hyderabad. Dr.Br Ambedkar Telangana State Secretariat, Hyderabrr, . 1 The Principal Secretary, Home Department, The state c,l Telangana, 2. The Commissioner of Police Hyderabad City, Hyderabac 3. The Commissioner of Police, Cyberabad Cdmmissioner: te, Gachibowli, 4 The Station House Officer, Narsinghi Police Station, Nar inghi, Ranga Reddy 5. One CC to SRI N. SAIDA RAO, Advocate IOPUCI 6. Two CCs to GP FOR HOME, High Court for the Siate o, l-elangana. [OUT] 7. Two CD Copies District. BN HIGH COURT I DATED:0511212025 ll.'-, ,l -- ' I j.- t;,, IIl" l-11 . 1lC ,,y'",.'{zi, :-\'' ) 1[|5 1 \ \)il 1t -',-.. '.i>\-'- - ',1 \.j=::,:: ,fi{ 't? C) 1\ I + ORDER WP.No.37386 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS