"Q" FREAK CLUB REP. BY ITS SECRETARY P. SANTHOSH Vs. STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT

JUDGEMENT

(1.) Learned HCGP is directed to take notice for the respondents. In this case, the petitioner has sought for an order directing the respondents not to insist upon it to obtain license to carry on lawful activities in its premises either under the Police Act, or under the Provisions of Licensing and Controlling of Places of Public Amusement Order and not to interfere in the play of skill oriented games like Rummy, Poker, Chess and Carrom, Coin Games, Wall Ball skill and other skill games and etc.

(2.) The submission of the learned counsel for the petitioner is that no activity necessitating obtaining of license under the Licensing Order is carried on in the premises of the petitioner; that the activity of playing the games of Dart, Chess, Rummy, Snooker/Billiards and Carrom, etc., are not in the nature of gambling activity or game of chance; that such games are not prohibited or regulated. Moreover, the place of the petitioner is not a public place and the entry is restricted only to the members of the petitioner-Association and not to outsiders and accordingly, there is no requirement on the part of the petitioner to obtain a license as contemplated under Clause-3 of the Licensing Order. Learned counsel for the petitioner has relied on an earlier decision of this Court rendered in Writ Petition No. 11843/2006, decided on 9.11.2006 (between M/S. SHIVA ASSOCIATION VS. STATE OF KARNATAKA & OTHERS) and submits that on similar terms this petition may also be disposed of.

(3.) Learned HCGP appearing for the respondents submits that the Police have not interfered and will not interfere with the lawful activities of the petitioner and they would take action only if the petitioner indulges in any unlawful activities. He further submits that the respondents will not insist the petitioner for license for such of the activities for which no license is required.