Business entities providing wellness/massage services may operate subject to strict adherence to court-mandated guidelines regarding record-keeping and transparency to prevent immoral activities, while remaining liable for municipal and tax compliance.

Table of Content
1. challenge to administrative notifications restricting the right to carry on business. (Para 1 , 3)
2. requirement of statutory permissions (gst and municipal) for business operations. (Para 2 , 4)
3. conditional permission to operate subject to existing judicial guidelines and law. (Para 5)

ORDER

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 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 Sri Chokki Narender, learned counsel appearing for the petitioner and Sri M. Srinivas, learned Assistant Government Pleader for Home appearing for the official respondents and with their consent, this writ petition is being taken up for disposal at the admission stage.

3. Learned counsel appearing for the petitioner would submit 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 valid registration certificates for running her business in Hyderabad. It is further submitted that the respondents visited the SPA Centre and asked the petitioner whether she has an order from this Court to run the business as this Court had decided similar issues in the order, dated 28.09.2021 in W.P.No.16281 of 2010 and batch , wherein this Court issued the following directions:-

“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 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 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”

It is stated that the petitioner is already implementing the directions of this Court and there is no deviation from the same in whatsoever manner, yet the respondents are insisting to secure an order from this Court to continue the business. Questioning the same, the present Writ petition is filed.

4. Learned Assistant Government Pleader for Home has submitted that without obtaining any permission from the municipal authoritie

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