THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14554 OF 2010 DATED: 25th JUNE 2010. BETWEEN: ELITE RECREATIONS AND RESORTS (P) LTD., JUBILEE HILLS, HYDERABAD .. PETITIONER AND THE COMMISSIONER OF POLICE HYDERABAD CITY BASHEERBAGH HYDERABAD AND OTHERS .. RESPONDENTS THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14554 OF 2010 ORDER: The petitioner is a company registered under Companies Act, 1956 by a group of Doctors with an object to create interest among the people for taking part in cultural and welfare activities and other recreation activities, etc. for its members. It is the grievance of the petitioner that the police officials are visiting the recreational club run by the petitioner and insisting the petitioners to obtain licence under section 21(f)(i) of the Hyderabad City Police Act. Therefore, they seek a declaration that petitioner-club is not required to obtain any license under section 21(f)(i) of the Hyderabad City Police Act. When the writ petition came up for admission learned Assistant Government Pleader for Home takes notice on behalf of the respondents. Heard learned counsel appearing for the parties. This Court in NIZAM CLUB V. THE DEPUTY COMMISSIONER OF POLICE AND ADDITIONAL DISTRICT MAGISTRATE, WEST ZONE, HYDERABAD[1] considered the question whether a private club restricting entry only to its members is required to take licence under Section 21(f)(i) of the Act. Be it noted under Section 21(f)(i) of the Act, a place of public entertainment cannot be run without a licence from the police. This Court after considering the various provisions of the Act held as under: “ As per above definitions to be a place of public, place of amusement or a place of entertainment, the public must be admitted to that place. The petitioner-Club is only meant for its members and their guests and the public are not allowed to come to the Club, like cinema theatre or any public place of amusement. A similar question arose under Municipalities Act regarding the same Club, In THE NIZAM CLUB, HYDERABAD V. THE MUNICIPAL CORPORATION OF HYDERABAD AND ANOTHER[2] wherein the Municipal Corporation of Hyderabad issued a notice to the Club to take a licence as the Club is maintaining the eating house. As per the definition of “eating house” under Section 2(15) of the Hyderabad Municipal Corporation Act the public must be admitted in that eating house. But where it is a Club into which only its members and their guests are allowed but not the public or even a section of the public, this Court held, the Club is meant only for its members. Food is not prepared or supplied or sold for consumption, for profit or gain of the Club. Thus, it was held that the Club need not obtain any licence as contemplated under Sections 2(15) and 521(1)(e)(ii) of the Hyderabad Municipal Corporation Act. Same analogy applies here also. Sections 3(g) and 3(h) of the Hyderabad City Police Act contemplate only places where the public are admitted. Therefore, in view of the above said circumstances, there is no necessity to the petitioner-club to take licence under Section 21(f)(i) of the Hyderabad City Police Act.” The view of this Court in NIZAM CLUB v. THE DEPUTY COMMISSIONER OF POLICE AND ADDITIONAL DISTRICT MAGISTRATE, WEST ZONE, HYDERABAD (supra) was subsequently followed by learned Single Judge in W.P.No.26983 of 1997, dated 21.10.1997. the legal position is neither disputed nor denied. Therefore, following the decision of this Court in NIZAM CLUB v. THE DEPUTY COMMISSIONER OF POLICE AND ADDITIONAL DISTRICT MAGISTRATE, WEST ZONE, HYDERABAD (supra) the Writ Petition is disposed of declaring that as long as petitioner carries on lawful activities like cultural activities, recreational activities, educational activities restricting the benefits only to its members, the petitioner is not in law required to obtain any licence under Section 21(f)(i) of the Act. With the above observations and directions, the Writ Petition is disposed of. 25TH June, 2010. ( B.Seshasayana Reddy,J ) tnb THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14554 OF 2010 DATED: 25TH JUNE 2010. [1] 1990(1) ALT 355 [2] 1986 APHC NOTES P.1