Vesta Sports Recreation Club vs The Government Of Karnataka
2023 Latest Caselaw 6020 Kant

                                             -1-
                                                          NC: 2023:KHC:30739
                                                     WP No. 18082 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 29TH DAY OF AUGUST, 2023

                                          BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                    WRIT PETITION NO. 18082 OF 2023 (GM-POLICE)

                   BETWEEN:

                   VESTA SPORTS RECREATION CLUB,
                   KUTTA, PONNAMPET TALUK,
                   KODAGU DISTRICT,
                   KODAGU-571 250.
                   REPRESENTED BY ITS SECRETARY
                                                               ...PETITIONER
                   (BY SRI. DEEPAK J.,ADVOCATE)

                   AND:

                   1. THE GOVERNMENT OF KARNATAKA,
                      HOME DEPARTMENT, VIDHANA SOUDHA,
                      BANGALORE-560 001.
                      BY ITS SECRETARY.
Digitally signed
by SHARADA         2. THE COMMISSIONER OF POLICE,
VANI B                INFANTRY ROAD, BANGALORE-560 001.
Location: HIGH
COURT OF           3. SUPERINTENDENT OF POLICE,
KARNATAKA
                      KODAGU DISTRICT, MADEKERI-571 201.

                   4. DEPUTY SUPERINTENDENT OF POLICE,
                      VIRAJPET TALUK, KODAGU-571 218.

                   5. CIRCLE POLICE INSPECTOR,
                      KUTTA STATION, PONNAMPET TALUK,
                      KODAGU DISTRICT-571 250.
                               -2-
                                               NC: 2023:KHC:30739
                                           WP No. 18082 of 2023



6. INSPECTOR OF POLICE
   KUTTA, PONNAMPET TALUK,
   KODAGU DISTRICT-571 250.
                                                  ...RESPONDENTS
(BY SRI.MANJUNATH K., HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENTS NOT TO INSIST UPON THE
PETITIONER TO OBTAIN LICENSE AND DECLARE THAT THE
PETITIONERS ASSOCIATION DOES NOT REQUIRE ANY LICENSE
FROM THE RESPONDENT TO CARRY ON THE LAWFUL
ACTIVITIES AT THE PETITIONERS ASSOCIATION PREMISES.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

The subject matter of this Writ Petition is

substantially similar to the one in W.P.No.12194/2015

(GM-POLICE) between VESTA SPORTS RECREATION CLUB

vs. THE STATE OF KARNATAKA & OTHERS, disposed off by

a Coordinate Bench of this Court on 01.04.2015.

2. Learned AGA is more than justified in

submitting that in addition to conditions stipulated in the

cognate judgment, the Petitioner in the guise of running

the said business shall not commit any offence or

untoward incidence; the Petitioner agrees to the same.

NC: 2023:KHC:30739 WP No. 18082 of 2023

3. The Division Bench of this Court in W.A.Nos.

932-933/1974 between A.V.VINODA & ANOTHER Vs.

STATE OF KARNATAKA BY ITS COMMISSIONER &

SECRETARY disposed of on 11.12.1974, has held that the

Court should treat the like-cases alike and if relief is

granted to a litigant it has to be extended to a similarly

circumstanced litigant as well, there being no derogatory

circumstances.

In view of the above, this Writ Petition is disposed off

granting relief to the Petitioner in terms of the cognate

judgment mentioned above; with liberty to the

Respondent - Police to take action in the event any of the

conditions, including the COVID-19 related ones if any, are

violated.

All contentions are kept open.

Costs made easy.

Sd/-

JUDGE Bsv