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2009 Supreme(Kar) 856

HIGH COURT OF KARNATAKA
THE HONOURABLE MR. JUSTICE AJIT J. GUNJAL
New Friends Cultural & Recreation Association (R), Bangalore
Versus
State Of Karnataka & Others
Writ Petition No. 35244 of 2009 (GM-POLICE)
Date of Judgment : 02-12-2009

Advocates appeared:
For the Petitioner:Rajashekar seeri, Advocate. For the Respondents:N. B. Vishwanath, Additional Government Advocate.

Headnote:KARNATAKA POLICE ACT, 1963 - Sections 2(14) & 31(1)(w)(i) & Licensing and Controlling of Places of Public Amusements (Bangalore City) Order, 1989, Clause 4: [Ajit J. Gunjal,J] Recreation facilities provided by Association to its members - Requirement of obtaining licence under the Police Act for - Held, Since recreation facilities provided by Association are to its members, and not to public, licence under the Police Act, is not required.

JUDGMENT :

Mr. N. B. Vishwanath, learned Additional Government Advocate is directed to take notice for respondents. Learned Counsel for the petitioner to serve a set of papers on him.

2. Eeven though the matter is listed for preliminary hearing, with the consent of both the Counsel it is taken up for final disposal.

3. The petitioner is an Association registered under the Karnataka Societies Registration Act, 1960. The case of the petitioner –Association is that it is engaged in conducting indoor games like dart, chess, rummy, carom, etc., for the benefit of its members. It is the case of the petitioner that the respondents are insisting that the petitioner should obtain licence under the Karnataka Police Act, 1963 or under the provisions of Licensing and Controlling of Places of Public Amusements (Bangalore City) Order, 1989.

4. Identical questions have been considered by this Court in W.P. No. 18625 of 2005 disposed of on 27-1-2006 holding that permission under the provisions of Licensing and Controlling of Places of Public Amusements (Bangalore City) Order is not required to run a Society or a recreation club of the present nature and the petitioners need not obtain any licence to run the recreation activities for the benefit of its members.

Consequently, the following order is passed:

(a) Petition stands allowed

(b) The respondent shall not insist that the petitioner should obtain the necessary licence for the aforesaid games. But, however, that shall exclude the dart game, video game and electronic coin games.

(c) The respondents also shall monitor the activities of the Association.

Mr. N.B. Vishwanath, learned Additional Government Advocate appearing for respondents is permitted to file memo of appearance within four weeks.

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