High CourtsSingle Bench(2011) 03 KAR CK 0084

Avenue Road Dream Land Recreation Association vs The Government of Karnataka Home Department and Others

Karnataka High Court · Decided on 24 March 2011

HON’BLE JUDGES
B.S. Patil, J
CASE NUMBER
Writ Petition No. 11727 of 2011

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Judgment

8 paragraphs · 395 words

B.S. Patil, J.—Learned Government Header is directed to takes notice for the Respondents.

2.

In this writ petition, Petitioner is seeking a direction to the Respondents not to insist upon the Petitioner for obtaining licence for carrying out lawful recreational activities and functions in the Petitioner-Association.

3.

The case of the Petitioner is that it is an association duty registered under the provisions of the Karnataka Societies Registration Act, 1960 with the object of providing recreation facilities to its member. The Petitioner-Association, it is urged in the writ petition is conducting social and entertainment activities such as providing Library and literary activities, training in Mobile Repair class, Computer basic language and yoga etc., and is also providing facilities of indoor games like chess, rummy, poker, carrom, coin games, dart, wall ball skill and skill games etc., and that the Petitioner is not involved in any illegal activities. It is the further contention of the Petitioner that for carrying out these activities, the Petitioner la 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.

4.

Learned Counsel for the Petitioner placing reliance on the election of this Court in W.P. No. 2865/2008 disposed of on 21.02.2008 which is subsequently followed in W.P. No. 36186/2010 disposed of on 22.11.2010 submits that this Court has already. held that as long as lawful recreational activities are, carried on by the Association concerned, there was no requirement of talking permission from the police Department either u/s 31 of the Karnataka police Act of under any other Licensing Order.

5.

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

6.

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.

7.

Petition is accordingly disposed of in the above terms.

8.

Learned Government Reader is permitted to file memo of appearance within three weeks from today.