KBP 1 cr.wp.3559-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3559 OF 2011 Shree Gajanan Kala Krida Va Sanskritik Mandal, Peth Vadgaon ..Petitioner Vs State of Maharashtra and ors. ..Respondents -- Mr.Manoj Patil, for petitioner. Ms.M.M.Deshmukh, APP for respondents State. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 28 th NOVEMBER, 2011 P.C.: The petitioner claims to be a Mandal registered under the Societies Registration Act and Bombay Public Trust Act. The petitioner is engaged in the Social activities such as Cricket, Football, Kabaddi, Kho-Kho, Bridge, Rummy, and such other Sitting Games, etc. and all Government approved Sports. The petitioner states that due to continuous harassment by the local police, it has become KBP 2 cr.wp.3559-11.odt imperative for the petitioner to ask for relief as claimed in the Petition. The relief claimed in the Petition is to direct the respondents not to enter the premises of the petitioner Trust, without following due procedure of law and/or without any prior intimation/notice in the interest of justice. 2. As regards the first part of the relief that the respondent should not enter the premises without following due procedure of law, there can be no difficulty in agreeing with the said relief. But in our opinion, prayer clause (a) has been articulated in such a manner that the effect of granting it, would be granting blanket relief to the petitioner. In our opinion, if the local police has reason to believe that some illegal activities are being conducted in the premises of the petitioner trust, to unravel that or to immediately stop those activities, they are competent to enter the premises without giving notice to the petitioner. That action would never the less be due procedure of law. In the circumstances, the second part of the relief being very wide, cannot be granted. In other words, we would only observe that the local police is free to enter the premises of the petitioner by following due procedure of law and may do so without giving prior notice / KBP 3 cr.wp.3559-11.odt intimation in the given situation where they are authorised to do so by law. 3. We make it clear that none of the observations made in this order are expression of opinion either way on the assertion made by the petitioner that they are conducting activities which are only legitimate and permissible activities. We are not entering upon that discussion as it is not necessary to do so for the disposal of this Petition. 4. The Petition is disposed of accordingly. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]