K CHANDRASEKHARA AJILA Vs. DISTRICT MAGISTRATE DEPUTY COMMISSIONER

JUDGEMENT

(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.

(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.