Aishwarya Recreation Association vs The Government of Karnataka, Home Department and Others

B.S. Patil, J.—Learned Government Header is directed to take notice for the Respondents.

In this writ petition, Petitioner is seeking a direction to the Respondents not to insist upon the Petitioner for obtaining licence for carrying out

lawful recreational activities and function in the Petitioner-Association.

The case of the Petitioner is that it is an association duty 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 providing Library arid literary activities, training in Mobile Repair class, Computer bask language and yoga etc., and

is also providing facilities of indoor games Eke chess, rummy, poker, carom, coin games, dart, wall ball skill and skill games etc., and that the

Petitioner is not involved in any illegal activities, It is the farther contention of the Petitioner that for carrying out these activities, the Petitioner is not

required to obtain any licence from the Respondent, much less as required u/s 31 of the Karnataka police Act, However, the Respondent have

been insisting upon the Petitioner to obtain licence and are also interfering with the lawful activities of the Petitioner, Hence the Petitioner has

approached this Court seeking the aforementioned direction.

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 are carried on toy the Association concerned, there was no requirement of taking permission from the Police Department

either u/s 31 of the Karnataka Police Act or under any other Licensing Order.

The learned Government Pleader 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 petition referred to supra have attained finality.

In the light of the afore mentioned decision, this writ petition deserves to be disposed of directing the Respondents-authorities not to insist upon

the Petitioner to obtain licence for carrying on lawful recreational activities.

Petition is accordingly disposed of in the above terms.

Learned Government Pleader is permitted to file memo of appearance within three weeks from today.