Telangana High Court
Isa Spa Private Limited vs The State Of Telangana on 12 November, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.16892 of 2025
ORDER:
This writ petition is filed seeking following prayer:-
"to issue an appropriate Writ, Direction or Order more particularly one in the nature of Writ of Mandamus declaring the action of the officers of respondent No.1 (Home Dept.) and No.2 and 3 (Police officers) in interfering with lawful business of the Petitioners (Spa) and asking the petitioner to secure an order from this Hon'ble Court to run their wellness center as arbitrary, illegal and Unconstitutional being violative of Articles 14, 19 (1) (g) and direct the Respondents (and their officers) not to interfere in the day to day business of the petitioner"
2. Brief facts of the case are that the petitioner is running spa center at four locations in Hyderabad, having its branches at Kondapur, Tellapur, Banjara Hills; SD Road, Secunderabad. It is stated that respondent No.3 visited the business of the petitioner at Kondapur Branch on 06.03.2025 and 07.03.2025, Tellapur Branch on 25.04.2025, and asked the petitioner whether it has an order from this Court to run the business as this Court had decided similar issues in order dated 28.09.2021 in W.P.No.16281 of 2010 and batch. The petitioner submitted that they are already following the directions of this Court in W.P.No.16281 of 2010 and batch, wherein paragraph No.3 of the said order is extracted below for reference:
"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 WP 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 2 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 petition is filed.
3. Respondent No.2 has filed counter affidavit stating that upon enquiry conducted by the officers, it has been brought to the notice that massage spa operated by the petitioner is situated within the jurisdictional limits of Mahankali Police and Banjara Hills Police Station, and there has been no interference by the Station House Officers (SHOs) of the aforementioned police stations in the lawful business activities of the petitioner. It is further stated that this Court in WP No.16281 of 2010 and batch, concerning the wellness centers and the role of the police officers, issued specific directions, and the police are strictly adhering to those guidelines, and no officer is engaging in any unlawful interference with the business activities, and the petitioner has neither cited any specific instance of illegal interference nor 3 identified any officer allegedly involved, and based on mere apprehension and fabricated cause of action, approached this Court.
4. Respondent No.4 has also filed counter affidavit on similar grounds raised by respondent No.2.
5. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3, submitted that the respondents are not interfering with the business activities of the petitioner, and the respondents will follow the directions issued by this Court in order dated 28.09.2021 in W.P.No.16281 of 2010 and batch.
6. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. With their consent, this writ petition is being taken up for disposal today.
7. Recording the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Home, this writ petition is disposed of directing the petitioner to follow the directions issued by this Court in order dated 28.09.2021 in W.P.No.16281 of 2010 and batch. However, this order does not preclude the respondents to ensure that the petitioner is following directions of this Court in W.P.No.16281 of 2010 and batch, and if any deviation is observed, the respondents police may take appropriate steps strictly in accordance with law, and if any complaint is made against the petitioner, the petitioner shall cooperate with the enquiry with the respondents police. 4
8. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 12.11.2025 SUS