BANGALORE SOUTH FRIENDS ASSOCIATION Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned Government Advocate to accept notice for respondents 1 to 6. He is permitted to file memo of appearance in a period of four weeks. The petitioner is before this Court assailing the endorsement dated 29-7-2013 impugned at Annexure-D to the petition. The petitioner is also seeking for a mandamus to direct the second respondent to consider the representation submitted by the petitioner-association as at Annexure-E to the petition.

(2.) The petitioner-association is stated to have been registered under the provisions of the Karnataka Societies Registration Act, 1960 and is carrying on its activities- It is the contention of the petitioner that it is only a recreation center and no illegal activities or game of chance is being played by them. Despite the said position, the sixth respondent is stated to have interfered with their business illegally. In that regard, an endorsement at Annexure-D, dated 29-7-2013 has been issued directing the petitioner to close the club and also the petitioner has been warned that if they indulge in any illegal activities in future, appropriate action would be taken against them. In that regard, the petitioner has made representation to the Commissioner of Police alleging interference by the sixth respondent without authority of law. Since the representation at Annexure-E has not been considered, the petitioner is before this Court.

(3.) The learned Government Advocate would seek to justify the action of the respondents by contending that whenever there are certain illegal activities committed in the name of the recreation clubs, certainly the Police Authorities would be entitled to inspect the premises and take action in accordance with law. In that view the impugned issued is justified is the contention.