K. CHANDRASEKHARA AJILA v. DISTRICT MAGISTRATE, DEPUTY COMMISSIONER, BIJAPUR
2000-11-28
CHANDRASHEKARAIAH
body2000
DigiLaw.ai
CHANDRASHEKARAIAH, J. ( 1 ) THE petitioner in this writ petition has sought for a declaration declaring that the district magistrate has no power or jurisdiction to insist upon a licence for running a vegetarian hotel under Section 31 (l) (w) of the Karnataka police Act, 1963. ( 2 ) THE facts in this case are as follows. The application of the petitioner for renewal of licence for running a hotel by name 'hotel redrose' situated at bijapur town was rejected by the deputy commissioner by its order dated 5-7-1999. This order has made the petitioner to file the writ petition for a declaration that no such licence is required for running a vegetarian hotel. In order to consider whether the licence is necessary for the purpose of running a vegetarian hotel, it is useful to refer to certain Provisions of the Karnataka police Act, 1963 (hereinafter referred to as 'act' ). Section 31 (l) (w) reads as follows. "section 31. Power to make orders for regulation of traffic and for preservation of order in public places etc, (1) the commissioner and the district magistrate, in areas under their respective charges or any part thereof, may make, alter or rescind orders not inconsistent with this Act, for (w) (i) licensing or controlling places of public amusement or entertainment". the word public entertainment is defined under Section 2 (15) of the act as follows. " "places of public entertainment" means any place to which the public are admitted and where any kind of food or drink is supplied for consumption on the premises by any person owning or having an interest in or managing such place and includes a refreshment room, eating house, hotel, tavern, or a shop where wine, beer, spirit, arrack, toddy, ganja or other kind of liquor or intoxicant or any kind of food or drink is supplied to the public for consumption in or near such shop". ( 3 ) THE word 'place of public entertainment' includes a refreshment room, eating house, hotel etc. Therefore, a vegetarian hotel is to be considered as a place of public entertainment as defined under the act. The district magistrate, bijapur by notification dated 3-2-1972 published in the official gazette dated 16-3-1972 issued the order called licensing and controlling of places of public entertainment Order, 1971. Clause 2 of the above said order reads as follows. "2.
Therefore, a vegetarian hotel is to be considered as a place of public entertainment as defined under the act. The district magistrate, bijapur by notification dated 3-2-1972 published in the official gazette dated 16-3-1972 issued the order called licensing and controlling of places of public entertainment Order, 1971. Clause 2 of the above said order reads as follows. "2. No person shall open or keep a place of public entertainment unless he holds a valid licence granted under these rules". ( 4 ) SECTION 31 of the act confers power on the district magistrate to make orders for regulation of traffic and for preservation of order in public places. The places of public amusement or entertainment is covered under Section 31 (l){w) (i) of the act. Therefore, in respect of places of public entertainment, the person who intends to run a hotel is required to obtain a licence as per the orders issued by the deputy commissioner referred to above. Therefore, the petitioner cannot ask for declaration to the effect that district magistrate has no jurisdiction to insist upon the licence for running a vegetarian hotel. ( 5 ) IN the result, i pass the following order. Writ petition is rejected. --- *** --- .