Mostafa Askari Hemat v. The Government of Telangana and another

Telangana HC21 Apr 2022WP/16313/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking mandamus against interference with a massage centre business. The Court applied an interim order from a batch of related petitions, permitting the petitioner to run the business subject to strict police monitoring, customer record maintenance, and prohibition of closed doors.

What did the court decide?

Petitioner permitted to run the massage centre subject to maintaining customer records for police verification and keeping premises open during working hours.

Mostafa Askari Hemat Vs The Government of Telangana… — Service and Employment | Telangana HC (2022)

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HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY ,THE^{TWENTY FIRST DAY OF APRIL} TWO THOUSAND AND^{TWENTY TWO}

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PRESENT

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THE HON'BLE SMT^{JUSTICELALITHA KANNEGANTI}

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WRIT PETITION^N O:16313^{OF 2022}

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Between:

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Mostafa Askari Hemat,^{s/o. MahmoudrezaAged about 33 years, occ Proprietor} ;ioi( V;;;.0 Spibentie,^{mo. ti.-rlo 8-d-602t23t1, Zebra Nagar, Road No'} 10, Banjaia Hills, Hyderabad^{- 500034.}

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...pE.,oNER

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AND

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The Government^{of Telangana and another,Rep'by its Secret} ary, Home Deoartment, Secretariat,^Hyderabad. 2. ih56;;issioner^{of Polic'e, Hyderabad City, Hyderabad,T'S'}

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...RESPONDENTS

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Petition under Article^{226 of the constitutionof lndia praying that in the} circumstances stated^{in the affidavit filed therewith,the High Courtmaybe pleased to} issue a writ of Mandamus^{declaring the action of the respondents hereinin} interfering in the business^{of the petitioner and not considering the representation} dated 10-03-2022,^{given by the petitioner hereinas illegal, u ncon stitutional, arbitrary} and against the law and^{violation of Article 19 and 21 of the Constitutionof lndia and} consequently this Honble^{courtmay be pleased to direct the respondentsto consider} the representation^{given by the petitioner}

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lA NO: 1 OF 2022

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Petition under Section^{151 CPC praying that in the circumstancesstatedin the} affidavit filed in support^{of the petition,the HighCourt may be pleasedto direct the} respondents herein not to^{inter{erein the businessactivities of the petitioner in and} over the^property bearing^{no. 8-2-26811116/D1,3rd floor comprisinga built up area of} 2500 Sq. feet, of AZIKS^{CASTLE, situated at Road No.3, Ban.iaraHills - 500034,} Counsel for the Petitioner:^{SRI SYED JAWEEDABBASNADEEM}

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Counsel for Respondents:^{GP FOR HOME}

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The Court made the following:^ORDER

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t I

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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WRIT PETITION No.16313 ot 2022

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ORDER:

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This writ petition is filed seeking a mandamus to declare the action of respondents in interfering with the business of petitioner and not considering his representation dated 10.03.2022 and also the impugned notification dated 30.06.2010 passed by respondent No.2, as arbitrary and illegal.

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Learned counsel for the petitioner as well as learned Assistant Government Pleader for Home submit that in similar circumstances, this Court has disposed of several writ petitions in W.P.Nos.16281 of 2010 and batch dated 28.09.2021 in terms of interim order dated 04.02.2021 in l.A.No.1 of 2020 in W.P.No.24410 of 2020.

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ln view of the submissions of learned counsel for both sides, this Writ Petition is disposed of in terms of order daled 04.02.2021 in l.A.No.1 of 2020 in W.P.No.24410 of 2020, 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 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 centre^{to provide} for the help from the opposite sex. Further,^{it is shall be opento any police}

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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 centre 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. lt 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 against the petitioner. Petitioner is also directed not to keep the main door of the premises closed, during the working hours. Subject to these conditions, the petitioner 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. No order as to costs.

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Miscellaneous applications, if any pending in this writ petition, shall

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stand closed.

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SD/.K.AMMAJI ASSISTANT REGISTRAR //TRUE COPY// ( ./ tt 't

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SECTION OFFICER

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To,

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The secretary, Home^{Department, Stateof Telangana secretariat,Hyderabad} Z. fne Commis6ioner^{of Poiice, Hyderabad City, Hyderabad,T'S'} 5. O"; bC to Sri Syed^{JaweedAbbas Nadeem.Advocate. tpj']t/Cl} 4. Two CCs to GP'For^{Revenue, High Court for the State of TelanganatOU ll} 5. Two CD Copies 6. One Spare^CoPY MBC TR b,

OURT

HIGH

DATED: 2110412022

/ 0 6 l'i,'r ?i'"'

ORDER

WP.No.16313 of 2022