Shree Vinayaka Recreation Association Bangalore v. State Of Karnataka
2009-03-13
N.K.PATIL
body2009
DigiLaw.ai
JUDGMENT : The Petitioner seeking a direction a direction to the respondents not to insist upon the petitioner association or its office – bearers to obtain the licence to carry on the lawful activities in the premises of the petitioner association either under the Karnataka Police Act, 1963 or under the provisions of Licensing and Controlling of Places of Public Amusements (Bangalore City) Order, 1989, and not to interfere in the playing of skill oriented games like carom, chess, rummy, volley ball, which are highly skilled games as held by this Court in various writ petitions, has presented the instant writ petition. 2. The only grievance made out by the petitioner in the instant writ petition is that, the petitioner-association is a recreation association conducting recreation activities like library, literary activities, giving training in repair of mobile phones, computer basic training, yoga etc., and also the recreational facilities like indoor and outdoor games in the form of carom, chess, rummy/cards, volley ball, badminton and other skilled games to the members and their family members. The Petitioner – Association is registered before the jurisdictional Competent Officer on 12-4-2007. When they are carrying out the day-to-day activities, extending the benefits to its members, officials of respondents 5 and 6 insisted the petitioner –association to obtained necessary permission or licence as provided under the provisions of the Police Act and also under the provisions of Licensing and Controlling of Places of Public Amusements (Bangalore City) order, 1989 (her in after called in short as the ‘Amusement Order’). Inspite of bringing to the notice of respondents 5 and 6 that, there is no need for the petitioner to obtain licence as held by this Court in series of matters, the same has not been considered and they are interfering with the day-to-day activities of the petitioner-association. Therefore, petitioner was constrained to present the instant writ petition for the reliefs stated supra. 3. I have heard the learned Counsel for the petitioner and the learned Additional Government Advocate for the respondents. 4. After careful perusal of the material on record, what it emerges is that, the petitioner is a recreation association registered as per certificate of registration vide Annexure-B and is carrying on the activities as per the bye-laws of the said association.
I have heard the learned Counsel for the petitioner and the learned Additional Government Advocate for the respondents. 4. After careful perusal of the material on record, what it emerges is that, the petitioner is a recreation association registered as per certificate of registration vide Annexure-B and is carrying on the activities as per the bye-laws of the said association. But it is clear that, the petitioner has not submitted any representation in writing bringing to the notice of the respondents 2 to 6 that, there is no need to obtain any licence under the provisions of Police Act or under the Amusement Order as held by this Court. Without redressing the grievance before the jurisdictional officers, as it is respondents 3 to 6 petitioner cannot maintain this writ petition seeking such a relief as stated supra, as it is premature in nature. Therefore, without expressing any opinion on the merits of the case, it would be suffice for this Court if appropriate direction is issued to the respondents 3 to 6 it would meet the ends of justice. 5. In the result, the instant writ petition stands disposed of reserving liberty to the petitioner to give a detailed representation to the respondents 3 to 6 in writing along with copies of necessary notifications or circulars or guidelines and also the order passed by this Court in similar matters within four weeks from the date of receipt of the copy of this order. Respondents 3 to 6 are directed to receive the same and Pass appropriate order in accordance with law after affording reasonable opportunity to the petitioner and to decide the same expeditiously. Ordered accordingly.