IMMADI PULIKESHI RECREATION CLUB v. THE SUPERINTENDENT OF POLICE

(BY SRI. T.P VIVEKANANDA., ADVOCATE) AND:

THE SUPERINTENDENT OF POLICE MYSORE DISTRICT, MYSORE-571 114

DEPUTY SUPERINTENDENT OF POLICE, HUNSUR, MYSORE RURAL, MSYORE-571 114

CIRCLE INSPECTOR OF POLICE, BYALKUPPE, PERIYAPATANA TALUK MYSORE-571 114 - 2 - NC: 2026:KHC:15213 WP No. 2086 of 2026 HC-KAR

SUB-INSPECTOR OF POLICE BYALKUPPE STATION, PERIYAPATANA TALUK, MYSORE DISTRICT - 571107 (BY SRI. K.P. YOGANNA, AGA) …RESPONDENTS THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE TO CARRY ON THE LAWFUL ACTIVITIES IN THE PREMISES OF THE PETITIONERS ASSOCIATION AS SHOWN IN THE CAUSE TITLE EITHER UNDER POLICE ACT OR UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER AND NOT TO INTERFERE IN CARRYING OUT LAWFUL ACTIVITIES SUCH AS RUMMY, CHESS, VOLLEY BALL, BALL BADMINTON, CAROM, SKILL GAMES LIKE RUMMY, JACKPOT, BEST OF SEVEN INCLUDING CULTURAL AND RECREATIONAL ACTIVITIES IN CONSONANCE WITH THE BY-LAWS/MEMORANDUM OF ASSOCIATION OF THE SOCIETY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner – a Registered Recreation Association has approached this Court under Article 226 of the - 3 - NC: 2026:KHC:15213 WP No. 2086 of 2026 HC-KAR Constitution of India seeking a writ of mandamus against respondents, restraining them from interfering with the lawful activities carried on by the Association. It is specifically contended that the activities of the petitioner- Association are confined to indoor recreational games such as Carom, Chess and Rummy etc., conducted in the name and style of the Immadi Pulikeshi Recreation Club and that no unlawful or prohibited activities are being conducted in the premises.

2. It is the case of the petitioner that the Association is a duly registered Society under the provisions of the Karnataka Societies Registration Act, 1960 having been registered before the Registrar of Societies vide Registration No.DRMY/SOR/386/2025-2026

28.10.2025. The petitioner asserts that the Association has been established exclusively for recreational purposes and is functioning strictly in accordance with its bye-laws. - 4 - NC: 2026:KHC:15213 WP No. 2086 of 2026 HC-KAR

3. The grievance projected in the writ petition is that respondents – the jurisdictional Police Officers are repeatedly visiting the premises of the Association without any justifiable cause and are interfering with the peaceful conduct of indoor recreational activities. It is alleged that such interference has not only disrupted the functioning of the Club but has also resulted in intimidation and threats to discontinue the activities of the Association.

4. This Court in W.P.No.21010/2023, under similar circumstances, appropriate directions were issued by referring to the authoritative pronouncement of the Division Bench of this Court in D.V.R Recreation Club Vs State of Karnataka rendered in W.A.No.20090/2015. In the light of the principles laid down by the Hon’ble Division Bench and the consistent view taken by this Court in subsequent matters, the present writ petition is disposed of with the following directions:- a. The petitioner shall install within a period of six weeks, CC TV cameras, at all the - 5 - NC: 2026:KHC:15213 WP No. 2086 of 2026 HC-KAR places of access to its members and also at all the places, wherein game/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. b. 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 surveillance etc. c.

The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Sections.2(14) & 2(15) of the Karnataka Police Act, 1963 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, except games of skills. - 6 - NC: 2026:KHC:15213 WP No. 2086 of 2026 HC-KAR d. The petitioner shall put proper 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 any of the game/s played is/are contrary to any law and in violation of the settled practice, it is open for them to take action against petitioner offenders, accordance with law. e. 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. f.

The respondents are directed not to interfere with lawful recreational activities carried on by the members of the petitioner – Club/Association. g. 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 - 7 - NC: 2026:KHC:15213 WP No. 2086 of 2026 HC-KAR found to have indulged in any unlawful or immoral activities. Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 11