Wellness and spa centers are permitted to operate provided they maintain customer records for police verification, keep premises open during work hours, and possess all mandatory statutory permissions to prevent immoral activities.

ORDER

This writ petition is filed seeking 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 2nd respondent in issuing the impugned notification No.(L&O)/M4/3140/2010, dated 30.06.2010 passed by the 2nd respondent as illegal, arbitrary, discriminatory, violative of Article 14, 19(1)(g) of the Constitution of India 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 and grant…”

2. Heard learned counsel for the petitioner on record and learned Assistant Government Pleader for Home. Perused the record.

3. Learned counsel for the petitioner submits that the petitioner is engaged in the business of providing solutions for all beauty and wellness needs such as saloon and spa. The petitioner is holding a valid registration certificate for running the business in the name and style of M/s.Vanam Wellness Spa.

3.1. He further submits that the grievance of the petitioner is that basing on the impugned notification issued by the Commissioner of Police, the Police are frequently interfering with the business of the petitioner and forcing the petitioner to close the said business without following any due procedure of law.

3.2. It is the contention of the learned counsel for the petitioner that in similar set of facts and circumstances, batch of writ petitions have been filed before this Court and this Court, disposed of the said writ petitions vide Common Order, dated 28.09.2021, in W.P.Nos.16281 of 2010 and batch . Stating so, learned counsel for the petitioner would seek to pass appropriate orders.

4. Learned Assistant Government Pleader for Home has not disputed the fact of disposal of the batch of cases.

5. In W.P.No.16281 of 2010 and batch, this Court has decided and formulated certain guidelines to operate the spa and wellness business and the operative portion of the said order is extracted herein:

“…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 visits of the customers, their narnes 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-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.”

6. Since, the subje