Business operators of SPA centres must adhere to court-mandated guidelines to ensure lawful operation and prevent arbitrary police interference, provided no violations of such guidelines or applicable laws occur.

ORDER

This Writ Petition is filed seeking the following relief:

“…to to issue an appropriate writ, order or direction more preferably one in the nature of Writ of Mandamus directing the action of Respondents Police Officials and Officers of SOT in interfering with lawful business of petitioner shops under the guise of impugned notification No.(L&O)/M4/3140/2010, dated. 30.06.2010 passed by respondent No.2 and forcing the petitioner to secure similar orders from this Hon’ble Court as passed in W. P. No 16281 of 2010 through there is no violation committed by the petitioner in running their SPA Wellness Centre as arbitrary, illegal and unconstitutional and violative of Articles 14, 19(1)(g) of the Constitution of India and direct the respondents and their officers not to interfere in the day to day business of petitioner shops and grant…”

2. Ms.M.Triveni, 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 the respondent-police are threatening the petitioner to take action on the basis of the notification dated 30.06.2010 and pressurizing the petitioner to obtain an order from this Court as passed in W.P.No.16281 of 2010 and batch.

3. Learned Assistant Government Pleader for Home, appearing for the respondents, submitted that the respondents have never interfered with the lawful business of the petitioner nor compelled the petitioner to obtain any orders for carrying on his business. Learned Assistant Government Pleader further 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 business of the lawful business activates 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.