WHITE STONE SPA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:12141
WP No. 204506 of 2026
CNR: KAHC030120362026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 11 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 204506 OF 2026 (GM-POLICE)
BETWEEN:
WHITE STONE SPA
SHOP NO.2 FIRST FLOOR
OPP. ITI COLLEGE, BLDE ROAD
SOLAPUR MAIN ROAD
VIJAYAPUR-586103
REP. BY ITS PROPRIETOR AND OWNER
SMT.ASHA DEVI W/O SUNILKUMAR
…PETITIONER
(BY SRI. SANTOSH KUMAR B BIRADAR., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPALSECRETARY
DEPARTMENT OF HOMES
VIDHANA SOUDHA, BENGALURU-560001
2.
THE SUPERINTENDENT OF POLICE
VIJAYAPUR
DIST: VIJAYAPUR-586101
3. THE DEPUTY SUPERINTENDENT OF POLICE
VIJAYAPUR
DISTRICT VIJAYAPUR-586101
4. THE INSPECTOR OF POLICE
Digitally signed
by SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA
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ADARASH NAGAR
VIJAYAPUR-586103
5.
THE POLICE SUB-INSPECTOR
ADARASH NAGAR
VIJAYAPUR-586103
…RESPONDENTS
(BY SRI.VEERANAGOUDA M. BIRADAR, AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT, ORDER, OR DIRECTION RESTRAINING RESPONDENT
NO.4 AND 5, THEIR SUBORDINATES, AGENTS, OR ANYONE
ACTING ON THEIR BEHALF, FROM INTERFERING WITH THE
PEACEFUL AND LAWFUL RUNNING OF THE PETITIONER’S SPA
AND WELLNESS CENTRE AT SHOP NO.2 FIRST FLOOR, OPP ITI
COLLEGE, BLDE ROAD, SOLAPUR MAIN ROAD VIJAYAPURA-
586103; B) ISSUE AN ORDER DIRECTING THE RESPONDENTS
NOT TO ORDER THE CLOSURE OF THE PETITIONER’S
ESTABLISHMENT WITHOUT FOLLOWING DUE PROCESS OF LAW
AND WITHOUT AN ORDER IN WRITING PASSED BY A
COMPETENT AUTHORITY; C) PASS ANY OTHER OR FURTHER
ORDER(S) AS THIS HONOURABLE COURT MAY DEEM FIT AND
PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE TO
MEET THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-K:12141
WP No. 204506 of 2026
CNR: KAHC030120362026
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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 the respondent Nos.2 and 3 have instructed
the jurisdictional police to close down the lawful activities
of the petitioners. Pursuant to the same, without issuing
any notice or order of closure, they forced the petitioner to
shut down their 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.
Per contra
3. , Sri Veeranagouda M Biradar,
learned Additional Government Advocate, upon
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HC-KAR
NC: 2026:KHC-K:12141
WP No. 204506 of 2026
CNR: KAHC030120362026
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 center 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 and
meticulously perused the material on record.
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5. The grievance of the petitioner is that the
petitioner is the proprietor of Spa center in Vijayapura 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 these writ of petitions, by issuing the
following order:
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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.
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
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that the petitioner’s activities are unlawful and
contrary to the provisions of law.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
NJ
List No.: 1 Sl No.: 15