ASHA DEVI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11280
WP No. 204274 of 2026
CNR: KAHC030111252026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 204274 OF 2026 (GM-POLICE)
BETWEEN:
SMT.ASHA DEVI
W/O SRI SUNIL KUMAR
AGED ABOUT 36 YEARS
R/O PLT NO.34 KUMAWAT SCHOOL
GOVIND PURI, SODALA
JAIPUR-AJMER ROAD, JAIPUR
RAJASTHAN-302006
PROPRIETOR OF “GLOW FAMILY SPA”
SITUATED NEAR DHANVANTRI HOSPITAL
RING ROAD, WARD NO.51
KALABURAGI, KARNATAKA
…PETITIONER
Digitally
signed by
NIJAMUDDIN
JAMKHANDI
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. GURURAJ BHANDARI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HOME AFFAIRS
VIDHANA SOUDHA, BENGALURU-560001
2.
THE COMMISSIONER OF POLICE
KALABURAGI CITY, KALABURAGI-585101
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HC-KAR
NC: 2026:KHC-K:11280
WP No. 204274 of 2026
CNR: KAHC030111252026
3. THE STATION HOUSE OFFICER
STATION BAZAR POLICE STATION
KALABURAGI CITY
KALABURAGI-585101
4. THE COMMISSIONER
KALABURAGI CITY CORPORATION
KALABURAGI-585102
…RESPONDENTS
(BY SRI.VIRANAGOUDA BIRADAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT
OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, DECLARING THE ORAL DIRECTION ISSUED BY
RESPONDENT NO.2 AND/OR HIS SUBORDINATE OFFICERS
REQUIRING CLOSURE OF THE PETITIONER’S GLOW FAMILY
SPA AT NEAR DHANVANTRI HOSPITAL, RING ROAD, WARD
NO.51, KALABURAGI, TO BE WITHOUT AUTHORITY OF LAW
AND UNSUSTAINABLE IN THE ABSENCE OF A VALID
STATUTORY ORDER OR PROCEEDING; B) DIRECT RESPONDENT
NOS.2 AND 3 AND THEIR SUBORDINATE OFFICERS NOT TO
INTERFERE WITH THE PETITIONER’S LAWFUL OPERATION OF
GLOW FAMILY SPA, SO LONG AS THE PETITIONER HOLDS THE
REQUISITE VALID LICENCE/PERMISSIONS AND COMPLIES
WITH APPLICABLE LAW; C) DIRECT THE RESPONDENTS, IF
THEY CONTEND THAT THE CLOSURE IS BASED UPON ANY
STATUTORY POWER, TO PLACE BEFORE THIS HONOURABLE
COURT THE WRITTEN ORDER, NOTIFICATION, COMPLAINT,
INSPECTION REPORT, PROCEEDINGS OR OTHER MATERIAL
CONSTITUTING THE LEGAL BASIS FOR SUCH CLOSURE; D)
DIRECT THAT ANY FUTURE ACTION AGAINST THE PETITIONER
OR THE ESTABLISHMENT, IF CONSIDERED NECESSARY BY THE
COMPETENT AUTHORITY, SHALL BE TAKEN STRICTLY IN
ACCORDANCE WITH THE APPLICABLE STATUTE AND DUE
PROCESS OF LAW; AND E) GRANT SUCH OTHER RELIEF AS
THIS HONOURABLE COURT MAY DEEM FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
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HC-KAR
NC: 2026:KHC-K:11280
WP No. 204274 of 2026
CNR: KAHC030111252026
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
CORAM:
ORAL ORDER
This writ petition is filed seeking to issue writ in the
nature of mandamus to the officials claiming under the
respondents from taking any coercive action against the
petitioner’s Spa business, in accordance with law.
2. Learned counsel appearing for the petitioner
submits that respondent Nos.2 and 3 have instructed the
jurisdictional police to close down the lawful activities of
the petitioner. Pursuant to the same, without issuing any
notice or order of closure, they forced the petitioner to
shut down her business, which compelled the petitioner to
file the present petition. It is submitted that the illegal act
of the respondents is in violation of right to carry business
guaranteed under the Constitution of India. Hence, he
seeks to allow the writ petition.
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HC-KAR
NC: 2026:KHC-K:11280
WP No. 204274 of 2026
CNR: KAHC030111252026
Per contra
3. , Sri Viranagouda Biradar, learned
Additional Government Advocate, upon instructions from
the respondent-police submits that none of the police
authorities have forcefully closed the premise of the
petitioner, as alleged in the writ petition. It is submitted
that respondent-police upon credible information reached
some of these Spa centers and verified the correctness of
the information received by them and such activity cannot
be stopped. It is further submitted that whenever the
jurisdictional officer or any officer receives credible
information with regard to the illegal activity being carried
out in the Spa centers, the police have every right and
duty to inspect the same and take action in accordance
with law and to curb such activities, the petitioner has filed
this petitions. Hence, he seeks to dismiss the petition.
4. I have heard learned counsel for the petitioner
and learned Additional Government Advocate appearing
for the respondents and meticulously perused the material
on record.
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HC-KAR
NC: 2026:KHC-K:11280
WP No. 204274 of 2026
CNR: KAHC030111252026
5. The grievance of the petitioner is that the
petitioner is the proprietor of Spa center in Kalaburagi city
and is running her business lawfully. The petitioner has
produced the lease agreements, trade licenses etc., issued
by the corporation and contended that the business
carried out by the petitioner is lawful and without authority
of law, the police are harassing the petitioner and
forcefully closing down her spa centre.
6. In my considered view, if the activities of the
petitioner are lawful, the respondent-police cannot
obstruct the business carried out by the petitioner, as it
would amount to violation of the fundamental right
guaranteed under Article 19(1)(g) of the Constitution of
India and would also affect the right to life and livelihood
of the proprietor of the Spa center as well as the
employees working therein. Hence, it would be appropriate
to dispose of this writ of petition, by issuing the following
directions:
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HC-KAR
NC: 2026:KHC-K:11280
WP No. 204274 of 2026
CNR: KAHC030111252026
i) The petitioner shall carry out lawful
activities and if the respondent-police
receives credible information about the
illegal activities being carried by the
petitioner-spa center, it is open for the
respondent-police to visit the petitioner-
Spa center and take action in accordance
with law.
ii) The jurisdictional police shall have liberty to
visit the premises of the petitioner
periodically as and when they receive
credible information about any unlawful
activities being carried out in the
petitioner’s premises.
iii) The respondents are directed to not
interfere with the lawful activities carried
out by the petitioner in her spa centre.
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HC-KAR
NC: 2026:KHC-K:11280
WP No. 204274 of 2026
CNR: KAHC030111252026
iv) It is made clear that this order would not
come in the way of jurisdictional police
taking action against the petitioner-Spa
center, if they find that the petitioner’s
activities are unlawful and contrary to the
provisions of law.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
PHM
List No.: 1 Sl No.: 14