Annapurna Electronic Recreation Association vs The State of Karnataka and Others

B.S. Patil, J.—Government Advocate is directed to take notice for Respondents.

2, In this writ petition, Petitioner is seeking a direction'' to the Respondents not to insist upon the Petitioner for obtaining license for carrying out lawful recreational activities and functions in the Petitioner association.

The case of the Petitioner is that it is an association duly registered under the provisions of the Karnataka Societies Registration Act, 1960 with the object of providing recreation facilities to its members, The Petitioner-association, it is urged in the writ petition, is conducting society and entertainment activities such as indoor games like carom, chess, snooker, table tennis etc., and also outdoor games and that it is not involved in any illegal activities, It is the further contention of the Petitioner that for carrying out these activities, the Petitioner is not required to obtain any licence from the Respondent much less as required u/s 31 of the Karnataka Police Act However, the Respondents have been insisting upon the Petitioner to obtain licence and are also interfering with the lawful activities of the Petitioner. Hence, the Petitioner has approached this Court seeking the aforementioned direction.

Learned Counsel for the Petitioner placing reliance on the decision of this Court in W.P. No. 2865/08 disposed of on 21.2.2008 which is subsequently followed in W.P. No. 36186/10 disposed of on 22.11.3010 submits that this Court has already held that as long as lawful recreational activities are tarried out by the Association concerned, there wet no requirement of taking permission from the Police Department either u/s 31 of the Karnataka Police Act or under any other Licensing Order.

The learned Additional Government Advocate also fairly submits that in similar matters this Court has taken such a view and that the decision rendered in similar matters in the writ petitions referred to supra have attained finality.

In the light of the aforementioned decision, this writ petition deserves to be disposed of directing the Respondents-authorities not to insist upon the Petitioner to obtain licence for carrying on lawful recreational activities.

Petition is accordingly disposed of in the above terms.

Government Advocate is permitted to file memo of appearance within three weeks.