FRIENDS RECREATION CLUB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is seeking for a direction to respondents not to insist upon the petitioner to obtain licence for playing game of skill like chess, carrom and rummy conducted in the petitioner's club for these activities. Petitioner claims to be a Recreation Club wherein members of the club are permitted to play games of recreation such as rummy, carrom, chess, etc. It is their contention that when no unlawful activity is being carried on in the premises of the club, respondents are insisting upon petitioner to secure licence though petitioner is not required to obtain a licence since it is registered under the Karnataka Societies Registration Act, 1960 and it is governed by said provisions and respondent-authorities being well-aware that entry to petitioner-club is restricted to members only, still they are arbitrarily interfering with the activities of petitioner-club without authority of law. Hence, petitioner is before this Court seeking for a direction to respondents not to insist upon petitioner to obtain licence for playing games of skill like chess, carrom and rummy under Government order dated 12-9-2013 Annexure-C.

(2.) Learned Counsel appearing for the petitioner would contend this Court has consistently held that it would not be necessary for the clubs registered under the Karnataka Societies Registration Act, 1960, to obtain licences from respondents and in support of his submission, he has relied upon the judgment of Co-ordinate Bench of this Court in W.P. No. 48473 of 2013, dated 3-12-2013.

(3.) Per contra, Smt. K. Vidyavathi, learned Additional Government Advocate appearing for the State would submit that Karnataka Police Act, 1963, empowers Police Commissioner to direct petitioner-dub to obtain licence and as such, she submits that order Annexure-C cannot be found fault with and she prays for dismissal of the writ petition.