M/S. APPU ADIKEBELEGAARARA v. STATE OF KARNATAKA

(BY SRI. BHARATH KUMAR V., ADVOCATE) AND:

1. STATE OF KARNATAKA THROUGH: ADDL. CHIEF SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.

2. SUPERINTENDENT OF POLICE, DAVANGERE DISTRICT, DAVANGERE - 577 005. PADMAVATHI B K Location: HIGH COURT OF KARNATAKA …PETITIONER - 2 - NC: 2024:KHC:1964 WP No. 730 of 2024

3. DEPUTY SUPERINTENDENT OF POLICE, DAVANGERE RURAL SUB DIVISION, DAVANGERE - 577 005.

4. STATION HOUSE OFFICER, MAYAKONDA POLICE STATION, DAVANGERE DISTRICT - 577 005. …RESPONDENTS (BY SRI. MANJUNATH, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTING THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR PLAYING GAMES OF SKILLS LIKE CHESS, CARROM, RUMMY ETC., EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard Sri. Bharath Kumar V., learned counsel appearing for the petitioner and Sri. Manjunath, the learned HCGP appearing for the respondents. - 3 - NC: 2024:KHC:1964 WP No. 730 of 2024

2. The petitioner is before this Court, seeking the following prayers: " a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents not to insist upon the petitioner to obtain license for playing games of skills like Chess, Carrom, Rummy etc., either under the Karnataka Police Act or under the Licensing and Controlling of places of public amusement order. b. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction declaring that the petitioner association is not required to obtain a license under the Licensing and Controlling of Places of Public Amusement Order, or under the Karnataka Police Act, 1963 to carry on recreational activity. c. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction declaring that the action of the respondents in interfering with the recreation activity in the Schedule Premises is highly arbitrary and illegal. d. Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the case."

3. The learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench in the case of M/S NAVARANG ASSOCIATION Vs. THE STATE OF KARNATAKA1, the Co-ordinate Bench has held as follows: 1 W.P.No.38068/2015 disposed on 09.09.2015 - 4 - NC: 2024:KHC:1964 WP No. 730 of 2024 "Learned Government Advocate to accept notice for respondents No.1 to 7 and file memo of appearance in four weeks. The petitioner is before this Court seeking for issue 2. of mandamus or any other appropriate writ in the manner as has been sought in the petition. The issue which has been raised in the instant petition has already been considered by this Court in W.P.No.30071/2014 dated 15-10-2014 (between The Media N. Members Club vs. State of Karnataka and Others) wherein the petition was disposed of with the following directions:- “(i) The petitioner shall install within a period of six weeks, CC TV cameras, at all the places of access to its members and also at all the places, wherein games(s) is / are played by the members. The CC TV footage of at least prior 15 days’ period shall be made available by the petitioner, to the police, as and when called upon to do so. (ii) The petitioner shall issue identity card(s) to all its member(s), which shall be produced by the member(s), when called upon by the police, during the raid(s) and surveillances etc. (iii) The petitioner shall not allow any non- member(s) or the guest(s) of the member(s), to make use of its premises for the purpose of playing any kind of game(s) or recreational activities. (iv) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Ss.2(14) & 2(15) of the Act and shall not permit any game(s) of chance as per Explanation (II) of Sub- section (7) of Section 2 of Karnataka Police Act, 1963. The member(s) shall not be allowed to play any kind of game(s) with stakes or make any profit or gain out of the game(s) played. - 5 - NC: 2024:KHC:1964 WP No. 730 of 2024 shall put proper (v) The petitioner mechanism in place and shall ensure that no game(s) is played in any unlawful manner by the member(s). If the police find that game(s) played is contrary to any law and in violation of the settled practice, it is open to them to take action against petitioner and the offenders, in accordance with law. (vi) The jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any information about any unlawful activity being carried on in the petitioner’s premises. (vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club / Association. (viii) It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the Act and taking action in accordance with law, if the member(s) of the petitioner are found to have indulged in any unlawful or immoral activities.” This writ petition is also disposed of in the aforesaid terms."

4. In the light of the issue standing covered by judgment rendered by the Co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms. SJK Sd/- JUDGE