Triveni Friends Re-creation Sports Club (Regd.). Vs. the Superintendent of Police, Mysore Rural District, and ors. - Court Judgment

Excerpt:
[mr. justice ram mohan reddy, j.] this petition filed under article 226 & 227 of the constitution of india praying- to set side the impugned order the karnataka appellate tribunal. dt.23.9.10. in appeal no.418/10, vide ann-a. and misc.w. 1226/11 is filed under article 226 of the constitution of india praying to extend the time to deposit the amount .....31 of the karnataka police act, however, the respondents have been insisting the petitioner to obtain license wp 6008/2011 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 decision 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 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.5. the.....

Judgment:
1. Learned Additional Government Advocate is directed to take notice for the respondents.

2. In this writ petition, petitioner is seeking a direction to the respondents net to insist upon it to obtain a license under the Licensing Order,

3. 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 carom, chess, badminton and Rummy. It: is the 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 under Section 31 of the Karnataka Police Act, However, the respondents have been insisting the petitioner to obtain license WP 6008/2011 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 decision 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 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.

5. 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.

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 license for carrying on lawful recreational activities.

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

8. Learned Additional Government Advocate is permitted to tile memo of appearance within three weeks from today.