Ekadanta Vinayaka Recreation Association, Bangalore v. State Of Karnataka
2009-12-07
AJIT J.GUNJAL
body2009
DigiLaw.ai
Judgment : 1. Mr. N.B. Vishwanath, learned Additional Government Advocate is directed to take notice for respondents. 2. Learned Counsel for the matter petitioner, to serve a set of papers on him. 3. Even though the matter is listed for preliminary hearing, with consent, it is taken up for final disposal. 4. The petitioner is an Association registered under the Karnataka Societies Registration Act, 1960. The case of the petitioner-Association is that it is engaged in providing library and literary activities conducting sports and other cultural activities such as Chess, Snooker, Carom, Rummy, Billiard, Pools, Cricket, Volley Ball, Hockey, Poker, Wall Games, Computers, Motor Cycling, Gymnasium and other Indoor games for the benefit of its members. It is the case of the petitioner that the respondents are insisting that the petitioner should obtain licence either under the Karnataka Police Act, 1963 or under the provisions of Licensing and Controlling of places of Public Amusements Order, 1970. 5. Identical question have been considered by this Court in W.P. No. 18625 of 2005 disposed of on 27-1-2006 holding that permission under the Police Act is not required to turn a society or a recreation club of the present nature and the petitioners need not obtain any licence to run the recreation activities for the benefit of its members. Consequently, following order is passed: .(a) Petition stands allowed .(b) The respondents shall not insist that the petitioner should obtain the necessary license for the aforesaid games. But however, that shall exclude the dart game, video game and electronic coin games. .(c) The respondents also shall monitor the activities of the Association. 6. Mr. N.B. Vishwanath, learned Additional Government Advocate appearing for respondents is permitted to file memo of appearance within four weeks.