Udhaykumar said ...
15-Dec-2017
Details of the order given by Justice BOPANNA:
Judge has directed license to be granted to BTC to conduct racing within 10 days. Read Order of the High Court of Karnataka...
High Court of Karnataka Daily Orders of the Case Number: WP 52002/2017 for the date of order 15/12/2017
Hon'ble Justice A.S.BOPANNA
15/12/2017
Order in WP 52002/2017
W.P. Nos.52002/2017 & 52223-31/2017 c/w. W.P. Nos.52707/2017, 52689/2017, 52510/2017 And 52318/2017
ORDER
The petitioner in W.P.No.52510/2017 is seeking direction to consider the application dated 06.11.2017 and 16.11.2016 under the provisions of the Mysore Race Course Licensing Act, 1952.
The respondent-Government has filed detailed objections.
In the connected petitions, the Staff Association, Horse Owners, Trainers Association and Stable Employees Welfare Society have sought for appropriate directions so as to permit the on course racing activity in the Bangalore Turf Club. In the nature of the rival contentions urged, the matter would require detailed consideration and in that regard, for want of time, the interim prayer is taken note at this juncture.
Heard the respective learned senior counsel, the other learned counsel for the petitioners and the learned Advocate General for the respondents.
Learned senior counsel for the petitioner would contend that though applications have been made by the petitioner-Turf Club as at Annexure-U seeking licence to conduct the on course and off course betting during the months of September, October and November, 2017 since a consideration in that regard was not made, the further applications were submitted on 16.11.2017. In view of the respondents urging a contention that the application is not in order, the application as made is also relied on along with the rejoinder at Annexure-AD. The respondents apart from contending that the application is not in the prescribed format as provided under Form (I) and Form (I)(A) of the Rules, 1952, has also referred to the objection statement wherein allegations are made against the manner in which the activities of racing is conducted including doping the horses whereby the gullible race goers belonging to the lower strata of society are exposed to exploitation. In that regard, reference is also made to the Cr.No.59/2017 registered in the High Grounds Police and the matter being investigated by the CID.
The learned senior counsel for the petitioner/Turf Club would however seek to repel such contention and also allege with regard to the mala fide intention of the respondent-Government. It is also alleged that due to certain demands of the respondent-Government relating to providing membership to Legislators have not been acceded, the Club is being victimized though the racing activity is being conducted by them from time immemorial and is being done by following all procedures.
The learned senior counsel for the remaining petitioners would refer to the hardship being faced by the Horse Owners, Trainers and the Employees of Turf Club due to the licence not being obtained by the Turf Club and the racing activity not being conducted. The huge expenses incurred and the loss suffered by them is referred to.
In the above background, though a detailed consideration would be necessary in that regard, for the present, insofar as the interim prayer sought, the fact that the racing activities is to be conducted on adhering to the Licensing Rules, 1952, cannot be in dispute. If that be the position, the respondent-Government is the competent authority which is required to consider the application in accordance with the Rules. Rule 3(A) provides for the application to be filed in Form No. I(A) and on receipt of the application, the consideration is to be made under Rule 5 thereof which provides that the Government may call for a report from such authority as it thinks fit and after such enquiry as it deems fit, if satisfied of the desirability of granting a licence, grant such licence.
In the said background, the learned senior counsel for the petitioner would seek for interim direction to permit them to carry on the racing activity, if need be by imposing conditions and has relied on the decision in the case of Deo Raj vs- State of Maharashtra and Others (2004) 4 SCC 697, with specific reference to para 12, the position in the instant case is otherwise. The main case herein is not against the rejection of the request for grant of licence. The petitioners have approached this Court in a situation where the application had not yet been considered by the respondent-Government. Hence, it is not in the stage of a judicial review of the action taken. It is no doubt true that the respondents have put forth certain contentions seeking to justify their action for non-consideration of the application. Yet, a consideration of the application in the usual course at the outset is required to be made by the Competent Authority and only thereafter any further consideration by this Court would arise.
Learned Advocate General has on the other hand relied on the decision of the Hon'ble Supreme Court in the case of Union of India and Others vs- Modi Luft Limited (2003) 6 SCC 65 and in the case of State of U.P. and Others vs- Ramsukhi Devi (2005) 9 SCC 733 to contend that the interim relief should not be in the nature of the final relief.
In the above background, when the Rule referred to above indicates that it contemplates application of mind by the competent authority before considering the application for racing activity, this Court while considering the interim prayer cannot assume the role of a Licensing Authority to either by an interim direction permit the racing activity or at this stage itself or in the alternative to constitute a Committee for conducting the races as was contended by the learned senior counsel for the petitioners other than the learned senior counsel for the Turf Club. In that situation, if the application is to be considered by the respondent-Government which is the Competent Authority, to that extent, what is necessary to be taken note herein is that though the learned Advocate General has referred to the format as provided in the Licensing Act, 1952, and has contended that the application as claimed to have been made by the petitioner-Turf Club does not comply the same, to that extent, when over a period of time the petitioner-Turf Club had been making similar application and was being considered by the respondent-Government, non-consideration only due to that aspect would not be appropriate. Therefore the applications as filed would require consideration one way or the other in accordance with law.
In a normal circumstance, the Licensing Authority could have referred to the materials and taken a decision without any consultative process. However, in the instant case, since the parties have taken a stand in the matter before this Court and the respondent-Government in the objection statement has referred to the present action by them in public interest of the gullible race-goers so as to prevent malpractice, while considering the application the Competent Authority shall hold discussion/consultation by way of hearing the representatives of the Turf Club and consider as to whether in order to protect the public interest as also the interest of all parties including the other petitioners such as the Horse Owners, Trainers and Employees of the Turf Club, the licence is to be issued imposing any conditions to regulate the same. In that regard, if any Monitoring Committee inclusive of eminent persons/persons who have held or holding high offices and representatives of the Turf Club such as Stewards is to be constituted, the composition of such committee be done on consultation and in that regard take a decision in accordance with law. Such decision shall be taken as expeditiously as possible but not later than 10 days from the date on which a copy of this order is furnished.
Jadoo said ...
15-Dec-2017
Good news!!!!
As per the latest update, racing to commence within 10 days. Please see the below quote
Justice Bopanna has passed orders for the formation of the government committee in consultation with Bangalore Turf Club and ensure that license was restored in 10 days of time. Racing can resume by the end of the month.
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