NATIONAL VIDEO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these petitions, the grievance of the petitioners is that the respondents are compelling the petitioners to secure license for running video cassette library, though no such licence is necessary under any provision of law in force.

(2.) Government Advocate had been directed to take notice in all the petitions except in W P. No. 7927/1968, which has come up for preliminary hearing today. Government Advocate is directed to take notice in the said case also. As the question involved is a short one, they are taken up for final hearing.

(3.) The facts of the case, in brief, are as follow : Each of the petitioners is running a video cassette library. Their business consists of giving video cassettes 10 their customers on daily rental basis. The Commissioner of Police, Bangalore, in exercise of the powers under sub-section (1) of Section 31 of the Police Act, has issued an order called 'The Licensing and Controlling of Places of Public Amusements Order, 1985' in supersession of orders on the topic which were in force earlier. By the said Order, the conditions for grant of license for conducting public amusements have been prescribed. The application for grant of license for conducting public amusement is prescribed as Form-1 appended to the Order. The plea of the petitioners is that the dents are compelling the petitioners to take license in terms of the aforesaid Order, though they were not required to do so under the provisions of the Police Act and the Orders framed thereunder.