Mamatha Yes Recreation Center (R) vs The State Of Karnataka on 28 January, 2013

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Karnataka High Court

Mamatha Yes Recreation Center (R) vs The State Of Karnataka on 28 January, 2013

Author: Mohan Shantanagoudar

Bench: Mohan .M. Shantanagoudar

                           1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 28TH DAY OF JANUARY 2013

                        BEFORE

     THE HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR

            W.P.NO.4136 OF 2013 (GM-POLICE)

BETWEEN:

MAMATHA YES RECREATION CENTER (R)
3RD CROSS, 1ST RIGHT SIDE,
NEAR VEERABHADRESHWARA COMPLEX,
PARK BADAVANE, DURGIGUDI,
SHIMOGA 577201
REP. BY ITS SECRETARY SRI NAVEEN DALAVAI,
AGED ABOUT 41 YEARS

                                         ... PETITIONER

(By Sri: A K SUBBAIAH, ADV.,)

AND

1.     THE STATE OF KARNATAKA
       BY ITS SECRETARY
       DEPARTMENT OF HOME AFFAIRS
       VIDHANA SOUDHA,
       BANGALORE 560001

2.     THE SUPERINTENDENT OF POLICE
       SHIMOGA DISTRICT, SAGAR ROAD
       SHIMOGA 577201

3.     THE DEPUTY SUPERINTENDENT OF POLICE
       SHIMOGA SUB DIVISION,
       SAGAR ROAD
       SHIMOGA 577201

4.     THE CIRCLE INSPECTOR OF POLICE
                             2


     D.C.I.B.,
     (DISTRICT CRIME INTELLIGENCY BUREAU)
     S.P. OFFICE, SAGAR ROAD,
     SHIMOGA 577201

5.   THE CIRCLE INSPECTOR OF POLICE
     JAYANAGAR, KOTE ROAD,
     SHIMOGA 577201

6.   THE SUB INSPECTOR OF POLICE
     JAYANAGARA POLICE STATION
     NEAR R.T. OFFICE
     SAVALANGA ROAD
     SHIMOGA 577201
                                        ... RESPONDENTS

(By Sri.:E.S.INDIRESH, GOVT PLEADER)
                         -------

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE ANY APPROPRIATE ORDER, DIRECTIONS OR WRIT
IN THE NATURE OF MANDAMUS PROHIBITION; RESTRAIN
THE RESPONDENTS AND THEIR SUBORDINATE OFFICIALS
FROM INSISTING ON THE PETITIONER SOCIETY TO
OBTAIN LICENSE TO RUN THE RECREATION CENTRE.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

                           ORDER

Learned High Court Government Pleader Sri. E.S. Indiresh, is directed to take notice for respondents.

2. The petitioner is an Association registered under the Karnataka Societies Registration Act, 1960. 3 The case of the petitioner-Association is that it is engaged in providing and promoting social contact, intellectual improvements and it has cards room, common coin games, skill games, dart, chess, poker, billiards and other outdoor and 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 license either under the Karnataka Police Act or under the provisions of Licensing and Controlling of Places of Public Amusement Order, 2002.

3. Identical questions have been considered by this Court in WP.No.18625/2005, disposed of on 27.1.2006 holding that permission under the Police Act is not required to run a Society or a Recreation Club of the present nature and the petitioner need not obtain any license to run the recreation activities for the benefit of its members. Accordingly, the following order is made:-

The respondents shall not insist that the petitioner should obtain the necessary license for the skill games such as common coin games, skill games, , chess, poker, billiards etc., But, however, that shall exclude the dart game, video game and electronic coin games.

This order however will not come in the way of the respondents monitoring the activities of the petitioner- Association. It is made clear that the respondents shall take appropriate action against the petitioner in accordance with law, if it is found indulging in any unlawful, immoral or forbidden activities.

Petition is disposed of accordingly.

Sd/-

JUDGE *mn/-

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