M/S Prince Recreation Association. Vs. State of Karnataka, by Its Secretary, Department of Home Affairs, and ors. - Court Judgment

Excerpt:
[mr.justice huluvadi g.ramesh, j.] this writ petition is piled under article 226 op the constitution op india praying to quash the impugned order dtd 30.07.10 passed by the r1 vide annex-l in so far as the petitioner is concerned and direct the r1 to confine the impugned order only against the r4 and etc..1. the learned addl. government advocate is directed to take notice for the respondents,2. as the matter arises in a short compass and is covered by a judgment of this court, the same is taken up for final disposal with the consent of both the parties.3. in this writ petition, the petitioner is seeking a direction to the respondents not to insist upon the petitioner for obtaining license to many on lawful recreational activities and functions in the petitioner-association,4. 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 recreational and social activities such as rampling, rock climbing, trekking, para sailing, koyking. rafting, carom. chess, snooker, billiards, pools, cricket, dots, volley ball, hockey. skilled games, card games by playing rummy, poker, computer games, motor riding, cycling, video games and gymnasium and that 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 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 and are also interfering with the lawful activities of the petitioner. hence, the petitioner has approached this court seeking the aforementioned direction.5. the learned counsel for the petitioner, placing reliance on the decision of this court in w.p.no. 2865/2008, disposed of on 21.2.2008, 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 arc carried out. by the association concerned, there was no requirement of i along permission from the police department cither under section 31 of the karnataka police act or under any other licensing order.6. the learned addl. 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.7. 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.8. petition is accordingly disposed of in the above terms.9. the learned addl. government advocate is permitted to file memo of appearance within three weeks from today.

Judgment:
1. The learned Addl. Government Advocate is directed to take notice for the respondents,

2. As the matter arises in a short compass and is covered by a judgment of this court, the same is taken up for final disposal with the consent of both the parties.

3. In this writ petition, the petitioner is seeking a direction to the respondents not to insist upon the petitioner for obtaining license to many on lawful recreational activities and functions in the petitioner-Association,

4. 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 recreational and social activities such as rampling, rock climbing, trekking, para sailing, koyking. rafting, carom. chess, snooker, billiards, pools, cricket, dots, volley ball, hockey. skilled games, card games by playing rummy, poker, computer games, motor riding, cycling, video games and gymnasium and that 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 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 and are also interfering with the lawful activities of the petitioner. Hence, the petitioner has approached this court seeking the aforementioned direction.

5. The learned counsel for the petitioner, placing reliance on the decision of this court in W.P.No. 2865/2008, disposed of on 21.2.2008, 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 arc carried out. by the Association concerned, there was no requirement of I along permission from the Police Department cither under Section 31 of the Karnataka Police Act or under any other Licensing Order.

6. The learned Addl. 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.

7. 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.

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

9. The learned Addl. Government Advocate is permitted to file memo of appearance within three weeks from today.