Petitioner is seeking for a direction to respondents not to insist upon the petitioner to obtain license for playing game of skill like chess, carrom and rummy conducted in the petitioner’s club for these activities.

2. Petitioner claims to be a Recreation Club wherein members of the Club are permitted to play games of recreation such as rummy, carrom, chess etc., It is their contention that when no unlawful activity is being carried on in the premises of the Club, respondents are insisting upon petitioner to secure license though petitioner is not required to obtain a license since it is registered under the Karnataka Societies Registration Act, 1960 and it is governed by said provisions and respondent authorities being well aware that entry to petitioner Club is restricted to members only, still they are arbitrarily interfering with the activities of petitioner Club without authority of law. Hence, petitioner is before this Court seeking for a direction to respondents not to insist upon petitioner to obtain license for playing games of skill like chess, carrom and rummy under Government Order dated 12.09.2013 Annexure-C.

3. Learned counsel appearing for the petitioner would contend this Court has consistently held that it would not be necessary for the Clubs registered under the Karnataka Societies Registration Act, 1960, to obtain licenses from respondents and in support of his submission, he has relied upon the judgment of coordinate bench of this Court in W.P.No.48473/2013 dated 03.12.2013.

4. Per contra, Smt.K.Vidyavathi, learned Additional Government Advocate appearing for the State would submit that Karnataka Police Act, 1961, empowers Police Commissioner to direct petitioner Club to obtain license and as such, she submits that order Annexure-C cannot be found fault with and she prays for dismissal of the writ petition.

5. Having heard the learned advocates appearing for the parties and after bestowing my careful attention to the rival contentions, records would indicate that for the similar relief wherein Government Order dated 12.09.2013 Annexure-C which is impugned in this writ petition had been called in question in W.P.No.48473/2013 and this Court after examining the issue has taken a view that in respect of activities carried on by the recreation clubs, it does not require that they need not obtain license and it has been held as under:

“4. Having heard the learned counsel appearing for the parties, it is to be noticed that several matters of the like nature have arisen before this Court and this Court has consistently taken the view that in respect of the present nature of activities in a recreational club, the same does not require license. Hence, the respondents are not justified in insisting on the same. However, the respondents would have the liberty of monitoring the activities of the club and taking action only if there are any illegal activities carried on in the premises.

5. In that view of the matter, the petition is disposed of, with a direction to the respondents not to insist on the petitioner to secure a license in respect of the activities stated to have been carried on by the petitioner. However, it is made clear that the respondents would be entitled to monitor the activities and take action, if the petitioner indulges in any illegal activities in the club premises.”

6. Petitioner is similarly placed and there is no justification for respondents to insist upon the petitioner to secure license in respect of the lawful activities carried on by them. Hence, a direction is issued to the respondents not to insist upon petitioner to secure license in respect of activities stated to have been carried on by them. However, it is made clear that respondent authorities would be at liberty to monitor the activities carried on at the petitioner Recreation Club and in the event of Club or its members were to indulge in any unlawful activities, respondent authorities would be at liberty to take action.

Wit