LAWS(KAR)-2011-11-98

CHOWDESHWARI RECREATION ASSOCIATION NO. 20/50, KUMBALAGODU VILLAGE AND POST, MYSORE ROAD, KENGERI HOBLI, BANGALORE BY ITS PRESIDENT Vs. STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560001, THE SUPERINTEND

Decided On November 03, 2011
Chowdeshwari Recreation Association No. 20/50, Kumbalagodu Village And Post, Mysore Road, Kengeri Hobli, Bangalore By Its President Appellant
V/S
State Of Karnataka Rep. By Its Secretary Home Department, Vidhana Soudha, Bangalore - 560001, The Superintend Respondents

JUDGEMENT

(1.) LEARNED Government Pleader is directed to take notice for the respondents.

(2.) IT is submitted by the learned counsel for both the parties that similar matters are disposed of holding that as long as lawful recreational activities are carried on by the association such as the petitioner, there would be no requirement in law for taking permission from the police department either under Section 31 of the Karnataka Police Act or under any other licensing order. Therefore, this matter is taken up for final disposal with the consent of both the parties.

(3.) LEARNED counsel for the petitioner inviting the attention of the Court to the decision rendered by this Court in W.P.No.2593/2005 disposed of on 30.03.2005 and other connected cases, submits that in similar circumstances following the division bench decision of this Court in Sanna Adike Belegarara Recreation Association and Others Vs. State of Karnataka and Others, ILR (2000) KAR 4822 , it has been held that the police Authorities have no power to interfere with the internal activities of an association as long as the recreational activities are carried on in accordance with law. However, while making the said observation, this Court has further placed a rider stating that the Authorities will have liberty to take such action, as is permissible in law, if the club or the association involves in any illegal or immoral activities.