Maruthi Recreation Association. Vs. the State of Karnataka by Its Secretary, Department of Home, and ors. - Court Judgment

Excerpt:
[mr.justice b.s.patil, j.] this writ petition is filed articles 226 and 227 of the constitution of india praying to direct the respondents not to insist the petitioner to obtain a licence for carrying out lawful recreational activities and functioning in the petitioner association......to the respondents not to insist upon the petitioner for obtaining license for carrying out lawful recreational activities, and functions in the petitioner-association .2. 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 social 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 as not required to obtain any license from the.....

Judgment:
1. 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 .

2. 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 social 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 As not required to obtain any license from the respondent, much less as required under Section 31 of the Karnataka Police Act . However, the respondents have beep insisting upon 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.

3. 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.361.86/10 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 under Section 31 of the. Karnataka Police Act or under any other Licensing Order.

4. 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.

5. 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.

6. Petition is accordingly disposed of in the above terms.