BENGAL CLUB LTD Vs. COMMR OF POLICE

JUDGEMENT

(1.) This application has been made by Bengal Club Limited under Art.226 of the Constitution of India against the Deputy Commissioner of Police and the State of West Bengal inter alia praying that a writ in the nature of Certiorari be issued requiring the respondents to certify and transmit the records of the case against the petitioner under the Calcutta Police Act 1866, as amended by West Bengal Act XLVIII of 1978 as also the Memo bearing No. 1611/P.S. P.S./110/Fees/Non-Payment/84 dated 6th Feb., 1985 and the letter bearing No. 2552 P.S. dated 4th March, 1985, to this Court so that the same may be set aside and quashed. The petitioner is also praying for other appropriate writs to challenge the said notice. By the Notice dated 6-2-85, written by the Deputy Commissioner, (sic) being a place of public entertainment, as defined in S.3 of the Calcutta Police Act, 1866/Calcutta Suburban Police Act, 1866, as amended by West Bengal Act XLVIII of 1978, comes within the purview of Police Licence to be issued by the Commissioner of Police in terms of S.39 of the Calcutta Police Act 22 of the Suburban Police Act, read with S.41 of the Calcutta Police Act 24 of the Suburban Police Act. The petitioner was also requested to obtain such license from the pass Department of the Calcutta Police Directorate on deposit of requisite fees within 15 days. The petitioner was warned that in case of failure the petitioner's establishment will be considered as a place of public entertainment running without any valid Police license and prosecution therefore will follow. The amount of the annual fees was communicated to be, Rs. 22,500/-.

(2.) It is further stated in the said letter that such fees remained unpaid since 1979-80 and the outstanding dues were also demanded. Thereafter by a letter dated 4th March, 1985 a further reminder was sent by the Deputy Commissioner of Police stating that in case of default of payment, legal steps will be taken against the petitioner. By the letter dated 6th March, 1986 the petitioner's advocate wrote a letter to the respondent inter alia stating that the object of the club is to afford to its members alone, the usual privileges, advantages, conveniences and accommodation of the club. It was further stated that Art.90, of the Article of Association of the club provides as hereunder.

(3.) It was stated that the club is meant exclusively for its members and no outsiders are entitled to enter into the club premises or to use the facilities offered by the club, unless such a person is a member of the club, it introduced to the club by a member as his guest. It was further state that in view of the aforesaid facts the club is tint and cannot be a place of public entertainment within the meaning of S.3 of the Calcutta Police Act, 1866, or of the Calcutta Suburban Police Act 1866, as mentioned by the West Bengal Act, XLVIII of 1978. According to the case of the petitioner the club does not come within the purview of the police licences required to he issued by the Commissioner of Police in terms of either S.39 of the Calcutta Police Act, 1866 or of S.22 of the suburban Police Act read with S.41 of the Calcutta Police Act 1866/S.21 of the Suburban Police Act, 1866. It was further stated that the club has therefore never been and still is not under any obligation to either obtain any licence from the Pass Department of the Calcutta Police Directorate or to deposit any fees in this connection. This application was thereafter moved by the petitioner on 27th June, 1986 on practically the same-grounds as stated in the aforesaid letter written on behalf of the petitioner. Further the case of the petitioner is that this club-has been in existence since very long time and it was incorporated in 1-9-1907. Even prior to that it was in existence but not as a limited liability company. No such licence has ever been asked for, during the entire period of its existence, because, according to the petitioner it cannot be said that the petitioner has any place of public entertainment. S.39 of the Calcutta Police Act provides as hereunder :-