Sunshine Recreation Association vs The State of Karnataka and Others

B.S. Patil, J.—Learned High Court Government Pleader is direction to take notice for the Respondents.

In this writ petition, Petitioner is seeking a direction to the Respondents not to insist upon the Petitioner for obtaining license to carry on 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, I s conducting social and entertainment activities such as indoor games like poker, wall coin games, six colour games, skill game, video game, dart, rummy, carom, chess, snooker, table tennis, etc., and that it is not further contention of the Petitioner that for carrying out these activities, the Petitioner is not required to obtain any license from the Respondents, much less as required u/s 31 of the Karnataka Police Act, However, the Respondents have been insisting the Petitioner to obtain license 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. 2865/2008 disposed of on 21.02.2006 which is subsequently followed in W.P. No. 361B6/2010 disposed of on 22.11.2010 submits that this Court has already held that as long as lawful recreational activities are carried out by the Association concerned, there was 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 circumstances 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 license for carrying on lawful recreational activities,

Petition is accordingly disposed of in the above terms.

Learned High Court Government Pleader is permitted to file her memo of appearance within three weeks from today.