Happy Social Association vs The Home Secretary and Others

A.S. Bopanna, J.—Learned Government Advocate to accept notice for respondent Nos. 1 to 7. He is permitted to file memo of appearance in four weeks. The petitioner is before this Court seeking for a direction to respondent Nos. 2 to 7 herein not to interfere in the peaceful recreational and cultural activities carried on by the petitioner in the club premises as per the legal requirements.

The petitioner claims to be a recreational club wherein the members of the club are permitted to play games of recreation such as rummy, carom, chess etc. It is therefore the contention that no unlawful activity is being carried on in the said premises. The grievance of the petitioner is that the respondents are insisting on the petitioner to secure licence despite the same does not require a licence. The petitioner is therefore before this Court.

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 licence. 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. 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 licence 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.

With the above observations, the petition stands disposed of. No order as to costs.