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Judgment
This Writ Petition is filed seeking the following relief:
"...to issue an appropriate writ, order or direction more preferably one in the nature of Writ of Mandamus declaring the action of the respondents interfering into the business activities of the petitioner without following due process of law as illegal, arbitrary, discriminatory, violative of Article 14, 19 (1)(g) of the Constitution of India and consequently direct the respondents not to interfere with the business activities of the petitioner being run in the name and style of as Active Spa & Salon at premises No.3-11-140/3/nr Ranga Sai Pride, Rtc Colony, Main Road, Opposite Kamineni Hospital, L.B.Nagar, 500074 and also not to harass the petitioner in any manner and to grant..."
Learned counsel for the petitioner submitted that the petitioner is running a business of saloon and spa strictly in accordance with the guidelines. It is further submitted that respondent police are frequently interfering in the business of the petitioner and are threatening the petitioner to take action on the basis of the notification dated 30.06.2010.
Learned Assistant Government Pleader for Home, appearing for the respondents, submitted that respondent police are not interfering with the business of the petitioner. It is further submitted the notification dated 30.06.2010 is in force for several years and the petitioner has not demonstrated as to how the said notification has adversely affected it or how any action that has been taken thereunder has affected it and therefore, the challenge to the said notification is misconceived and untenable. He further submitted that this Court, in W.P.No.16281 of 2010 and batch, after considering the issue in detail, issued certain guidelines governing the functioning of SPA centres. According to him, so long as the petitioner adheres to the said guidelines, there would be no interference by the respondent police.
Having regard to the rival contentions and the material on record, this Court finds that several allegations had been made against SPA centres operating in the city of Hyderabad and therefore, this Court, in W.P.No.16281 of 2010 and batch vide common order dated 28.09.2021, has considered the issue at length and has issued certain guidelines. The petitioner is also bound to adhere to the said guidelines. Only in the event of any violation of the said guidelines, the respondent police can interfere with the business of the petitioner. In view thereof, this Writ Petition is disposed of with a direction to the petitioner to strictly follow the guidelines issued by this Court in W.P.No.16281 of 2010 and batch. The respondent police are also directed not to interfere with the lawful business activities of the petitioner so long as the petitioner complies with the said guidelines and other applicable provisions of law. No order as to costs.
The copy of the common order dated 28.09.2021 in W.P.No.16281 of 2010 shall be appended to this order for ready reference.
Miscellaneous applications, if any, pending shall stand closed.
COMMON ORDER:
Since the issue involved in all these Writ Petitions is one and the same, they are being disposed of by this common order.
It is submitted by the learned counsel for the petitioners in all the Writ Petitions and learned Government Pleader for Home that the entire batch of these Writ Petitions can be disposed of in terms of interim order dated 04.02.2021 in I.A.No.1 of 2020 in W.P.No.24410 of 2020.
In view of the submissions of learned counsel for both sides, these Writ Petitions are disposed of in terms of order dated 04.02.2021 in I.A.No.1 of 2020 in W.P.No.24410 of 2020, permitting the petitioners to run the massage centres, subject to maintaining a record in the register to be maintained by the massage centres containing the dates of 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-Inspector of Police attached to any police station to verify once in a while such records maintained by the massage 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 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, 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. Miscellaneous petitions pending in all the Writ Petitions, if any, shall stand closed. There shall be no order as to costs.