NIZAM CLUB Vs. D C P

JUDGEMENT

(1.) This is a writ petition filed seeking a writ of certiorari calling for the records relating to Notice No. HW/A2/124/86 dated 19-11-1986 issued by respondent herein directing the petitioner's Club to obtain the licence under Section 21 (f) (i) of the Hyderabad City Police Act and Rules.

(2.) The facts of the case are that the petitioner is a Honorary Secretary of the Nizam Club, Saifabad, Hyderabad. The said Club is in existence for more than 100 years having been established in the year 1884. It is registered under the Hyderabad Societies Registration Act. It is not a proprietorv Club. The objects of the petitioner-Club are to provide social, cultural and recreational activities including sports and games. It is being run on no-profit-and-no-loss basis. The activities of the petitioner-Club are confined to its members only and it exists tor its members only. The petitioner-Club provides services and facilities to the members themselves for their own pleasure and the material goods are for their own consumption. It is a members self-servicing institution. The affairs of the Club are managed by a Committee elected by its members. A member can take his guest with him and if the guest consumes any thing, it is the member alone who has to pay for the same. Thus the Club is run on no-profit-and-no-loss-basis.

(3.) The respctdent, that is, the Deputy Commissioner of Police-and- Additional District Magistrate, West Zone, Hyderabad issued a notice directing the petitioner to take the licence under Section 21 (f) (i) of the Hyderabad City Police Act stating therein that the Club is kept open beyond 9-00 P.M. and it is providing amusement and entertainment and therefore it has to take out a licence within 15 days from the date of receipt of the said notice. The respondent further directed to stop all the games and other sources of amusement and entertainment by 12-00 in the night.