Disposed

Snowfall Beauty and Wellness Center v. The State of Telangana and 3 other

Telangana HC4 Mar 2022WP/11251/2022

Case brief

AI extract

What is this about?

High Court disposed of a Writ Petition challenging a Police Notification restricting massage centers. The Court observed the issue was covered by a prior common order, thus disposing of the current petition by permitting business subject to conditions like maintaining a customer record register and allowing police verification.

What did the court decide?

Petition disposed of based on common order in W.P.No.1628 of 2010 permitting business subject to maintenance of customer record register and police verification.

Snowfall Beauty and Wellness Center Vs The State of… — Service and Employment | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER

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WRIT PETITION NO: 11251 OF 2022

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Between:

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Snowfall Beauty and Wellness Center, Rep. by its Proprietor Naray Venkata Ramana, S/o Naray Mallappa, Aged about 50 years, Hindu, Occ. Business, Rl/o H.No.1-56/2/A, 2nd Floor, Madeenaguda, Serilingampally Mandal, Madeenaguda, Hyderabad, Telangana State.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary Home Department, T.S.Secretariat, Hyderabad, Telangana State.

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The Commissioner of Police, Hyderabad City, Hyderabad, Telangana State.

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The Commissioner of Police, Cyberabad Commissionerate, Gachibowli, Hyderabad, Telangana State.

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The Station House Officer, Miyapur Police Station, Miyapur, Hyderabad, Telangana State.

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...RESPONDENTS

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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.(LandO)/M41314O|2O1O, 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 Fasli and consequently set-aside the same against the petitioner, in the interest of justice.

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lA NO: 1 OF 2022

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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 impugned notification No.(L and O)1M41314012010, dated. 30/06/2010 passed by the 2nd respondent against the^{petitioner,pending} disposal of the above writ^petition.

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Counsel for the Pe itioner : SRI.RAJANIKANTH JWALA

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Counsel for the Re ;pondents : GP FOR HOME, REP AGP SRI.A.MANOJ KUMAR

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The Court made th following ORDER

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THE HON'BLE DT. JUSTICE SHAMEEM AKTHER

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WRIT PETITION No.11251 OF 2022

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ORDER

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This Writ Petition is filed seeking a Writ of Mandamus declaring the action of respondent No.2/Commissioner of Police, Hyderabaci, in issuing Notification No.(L&o)/M4/3L40/20L0, dated 30.06,20L0, as illegal and arbitrary and consequently, to set aside the same.

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l-leard both sides, Perused the record.

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In the course of submissions, it is submitted by the learned counsel for the petitioner as well as the learned Assistant Government Pleader for Home representing the respondents that the issue involved in this Writ Petition is squarely covered by a common order of this Court in W.P.No.1628L of 2010 and batch, dated 28.09.202L.

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(

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4, Accordingly, this Writ Petition is disposed of in terms of the common order, dated 28.09.2021, in W.P.No.1628t of 2010 and batch,^permitting the^petitioner to run the massage^{centre,subject} to maintaining a record in the register to be maintained by^the massage centre containing the dates of visits of the^customers, their names and veriflable addresses together with the^phone numbers, so as to enable the^police to^{contactthem on the}

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aspect of th: request to the owner/manager/operator of the massage cen:res to provide for the help from the opposite sex. Further, it sha I 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 suc I records maintained by the massage centres and he shall also be al liberty to verify as to whether the particular customer has solicited a ry such special service from the massage centre or not. It is also c:en to the police to take appropriate action depending upon the result of any such verification and also considering the fact that whether tl e cross massage service provided to the customers is in professional nanner or not. Police are also entitled to investigate into crimes, if a 1y, reported against the petitioner.^petitioner is also directed not to l eep the main door of the premises closed, durlng the working hours. Subject to these conditions, the petitioner may be permitted to ca^-ry on the business, duly taking all necessary and proper precauti( ns to ensure that no incident of immoral activity is carried on under the guise of providing whole body massage.

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Miscellaner us Petitions, if any, pending in this Writ petition shall stand close l, There shall be no order as to costs.

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Sd/- B.SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY// e_ra SECTION OFFICER

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To ' 1. The Principal S -,cretarv. Home Department, T.S.Secretariat, Hyderabad, State of Telang lna Telangana Stite.

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Contd.

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The Commissioner^{of Police, Hyderabadcity, Hyderabad,Telangana state.} 5. ih; Cor;iiiion.t^{of Police' cyberabadCommissionerate, Gachibowli,} Hyderabad, Telangana^State.

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