M/s.JESHITHA ENTERPRISES v. The State of Telangana
Court: High Court for State of Telangana
Bench: N.TUKARAMJI
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-02-13. M/s.JESHITHA ENTERPRISES v. The State of Telangana. Read the judgment and case details on...
Judgment text
13217 1 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE N. TUKARAMJI WRIT PETITION NO: 4524 OF 2026 Betwee n: ]V/sJESHITHA ENTERPRISES, # Sy. No30l, Door Noi-100t3O1 ,251A,2"d Floor, Sri Krishna Colony, Nallagandla, Gachibowli, Serilingampa ly, Ranga Reddy District, Rep. by its Proprietor Gowrneni lr/ohan Sai Chand. S/o. Ravi Kumar, aged about 29 years, Occ. Business . PETITIONER ANO 1 The State of Telangana, Represented by its Principal Secretary, Home Departmenl, T. S- Secretariat, Hyderabad. Telangana State. 1 The Commissioner of Police, Cyberabad Police Commissoinerate, Hyderabad, Telangana State. 3 The Station House Officer, Chanda Nagar Police station. Hyderabad, Telangana State. ..
,RESPONDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Direction or Writ, more particularly a Writ of MANDAIVUS declaring the action of the 2nd respondent in tssutng the impugned notification No. (L&O)/fr/a/314012010, dated: 30/06/2010 passed by the 2nd respondent as illegal, arbitrary, discriminatory, volatile of Article 14, 19 (l) (g) of the Constttution of lndia, 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. lA NO: 1 OF 2026 Petition under Section 151 CPC praying that in th(.. ( rcumstances stated tr the affidavit filed in support of the petition, the High Cc t rt may be pleased tc suspend the impugned notrfication no (L&O)/lV4/3j 401:a.
O (), dated, 30-06-2OtC passed by the 2"i respondent against the petitioner, pendirrr disposal of the abo,re Writ Petition. Counsel for the Petitioner: SRI MOHD SUBHAN pASHA Counsel for the Respondents: SRI D. PRADEEP, AGp FOt HOME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N. TUKARAMJI WRIT PETITION No. 4524 OF 2026 DATE: L3. O2. 2O26 Between: M s Enlerprises, Reddy Rep b-v its Proprietor / Jeshitha District Gorvrneni Mohan Sai Chand. ... Petitioner AND The State of Telangana Rep. , b_r' its Principal SecretarY, Home Department and 2 others. ... Respondents ORDER: This Writ Petition is filed under Article 226 of Constttution of India seeking the following relief/s:- ". . . pleased to issue arr Order, Direction or Writ' more particularly a Writ of MANDAMUS declaring the action of the 2nd respondent in issuing the impugned notiflcation No. (L and OllM4l 3l4Ol2OlO. dated.
30/06/2010 passed by the 2nd respondent as illegal, arbitrary, discriminatory, volatile of Article 14, 19 (l) (g) of the Constitution of India, contrary to the provisions of the Hyderabad City Police Act, 1348 Fasli and consequently set-aside the samc against the petiLioner, in the intercst of justice and grarrt. .. " \ \ ) 2. Heard Mr. Mohd Subhan Pasha, learnecL :,runsel for the petitioner arld Mr. D. Pradeep, learned Assist. :: r (iovernment - Pleader for Horne appearing for respondents 3. Learned counsel lor the petitioner str; rrils that the respondcnt police authorities are interfering rvitL the petitioner's business under the guise of the impugned notifi<:, 1. ion. Aggrieved by such interference, thc present petition has trt:, n filed seeking appropriate direction s 4. 1. Learned Assistant Government Pleader lor Il rme, appearing for the respondents, submits that crime was regisl( red against the petitioner and after completion of investigation, charge sheet was filed.
Further submils that during the course , I investigation, the respondent s police authorities / interacted rvitt the petitioner and inspected the premises concerned. The ,ellegations of interference by the police witl'r the petitioner's bus ir-ress activities are, therefore, baseless, as the respondents have z cted strictly in accordance with the legal procedures established b_\ a\)l' 4. 2. Additionally, he fairly submits that a Coorcl rate Bench of this Court, in several similar writ petitions, las permitted petitioners to continue their business operatio rs subject to _) compliance with certain specilied conditions, and has ciarified that any violation or transgression of applicable notilications statutor1 provisions would entitle the respondents/ police authorities to take appropriate action in accordance with law therelore, prays that a similar order be passed in the present 5. I have carefully perused the material available on record' 6.
As rightly pointed out by the learned Assistant Government Pleader for Home, this Court, in W. P. Nos. 1628 I and 164 20 1O ancl the connected batch of matters, vide order 28. Og. 2022, permitted the continuance of business operations, subject to compliarce with certain stipulated conditions' relevant portion of the judgment is extracted hereunder: "In view of the submissions of learned counsel for both thcsc Writ Pctitions :rre disposed o[ in terms of ordcr 04. O2. 2021 in I. A. No. 1 of 2O2O in W. P. No.
244lO ol permitting Lhe petitioners to run the massage centers subjccL to maintaining a record in the register to be maintained by tl're massage centers containing the dates of visits customers, the ir names and verihable addresses together with phone numbers, so as to enable the police to contact them aspect of the request to the owner lmaoager loperator massage centers to provide for the help from the opposite sex' Further, it shall be open to any police ofltcer not below rank of a Sub-Inspector of Police attached to any police station verify once in a whilc such records maintained by the massage centers and he shall also be at liberty to veriff as to whcther particular customer has solicited any such s1l: :ral service from the massage centre or not It is trlso open to the police to take i. r actton I proprlate also dcpending upon thc resuit oI anv such vc;'ii:atirln alld .
llassilqc \t ice considering lhe lact Lhat u'hethcr the <:ros; n provicled to thc custolltcrs is in prolessional milll 13r rlr tlol . ['olice are also entLtled to investlgate into crimes, if anl , reported :rgtrinst the petitioncrs. Petitioners arc also drrected not to keel) h. e rnain cloor of q'orking to these the premiscs closed, during the hours Slubject the conditions, 1. he petltloners may- be permittctl -(l crilrry on business, duly taking all necessary and prop: precaul-ions to , ensurc that no incidcnt ol immoral activity ir; eLrried on under the guise of providing whole body massage. " 7. Having regard to the facts and circumstar , r:s of thc case, and in the interest of justice, this Court deems i appropriate to permit the petitioner to continue business operat ons, subject to the strict and scrupulous adherence lo the guide . es set forth rn the preceding paragraphs. Ordered accordingl,v. B.
It is, however, clarified that such continut i r(:e of business shall be subject to complialce r. vith all statutor)' rl luiremen ts and executive notifications in force. In the event of : ry deviation by the petitioner from the above mentioned guidelint s or a violation of the conditions of the notification, the r<::; xrndents police / authorities shall be at liberty to take appro l '. ate action in accordance with law. i I t li 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs Pending miscellaneous applications, if an1,, shall stand closed. SD/. P. PONNA KRISHNA ASSISTANT REGISTRAR 6 //TRUE COPY' SECTION OFFICER To 1. The Principal Secretary, Home Department, State of Telangana, T. S. Secretariat, Hyderabad, Telangana State. 2. The Commissioner of Police, Cyberabad Police Commissoinerate, Hyderabad, Telangana State. 3. The Station House Officer, Chanda Nagar Police Station, Hyderabad, Telangana State. 4.
One CC to SRI IVOHD SUBHAN PASHA, Advocate IOPUC] 5. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT] 6 Two CD Copies t\/P GJP HIGH COURT DAI ED:1310212026 7 'f. i T s t o O 1, ( tl )0) -,v * r YI . \:" tr ORDER WP,tr <>. 4524 of 2026 DISPOSING OF THE 'rr/RlT PETITION 'HOUT WI COSTS "t N
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