Lawful business activities of spa centers are protected from state interference provided the operators strictly adhere to the court-mandated guidelines established to prevent illegal activities.

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 and 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 such other necessary relief or relief’s as this Hon’ble Court may deem fit and proper in the circumstance of the case.”

2. Learned counsel for the petitioner submitted that the petitioner is running a SPA business strictly in accordance with the guidelines and that the respondent-police are threatening the petitioner to take action on the basis of the notification dated 30.06.2010.

3. Learned Assistant Government Pleader for Home submitted that 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 his rights or how any action that has been taken thereunder has affected him 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 respondents.

4. 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 respondents 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 respondents 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.

5. 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.

6. Miscellaneous applications, if any, pending shall stand closed.