Writ Petition No. 11158 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17988 WP No. 11158 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11158 OF 2025 (GM-POLICE) BETWEEN:
Legal Reasoning
SRI. BALAJI RECREATION KREEDE MATTU MANORANJANA SANGHA, SY. NO.31, NARASEEPURA GRAMA, (DONNEKORANAHALLI VILLAGE), CHIKKABALLEKERE POST, YAGATI HOBLI, KADUR TALUK, KADUR, CHIKKAMAGALUR - 577 140. REP. BY ITS PRESIDENT, SRI. KUMAR D.T REG. NO. DRCM/SOR/182/2024-25 (KARNATAKA SOCIETIES REGISTRATION ACT, 1960) (BY SRI. M.R.C MANOHAR, ADVOCATE) …PETITIONER Digitally signed by NAGAVENI Location: High Court of Karnataka AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 101. - 2 - NC: 2025:KHC:17988 WP No. 11158 of 2025 3. THE SUPERINTENDENT OF POLICE, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 101. 4. THE INSPECTOR OF POLICE, BIRUR POLICE STATION, BIRUR, CHIKKAMAGALURU - 577 116. 5. THE SUB-INSPECTOR OF POLICE, YAGATI, KADUR TALUK, CHIKKAMAGALURU - 577 140. 6. THE TALUK PANCHAYATI DEVELOPMENT OFFICER, KADUR TALUK, KADUR, CHIKKAMAGALURU - 577 548. 7. THE GRAM PANCHAYATI, PURA VILLAGE, KADUR TALUK, CHIKKAMAGALURU - 577 111. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT/AUTHORITIES TO REFRAIN FROM INTERFERING WITH THE DAY TO DAY ACTIVITIES OF THE PETITIONER CLUB AND FROM CAUSING DISTURBANCE AND OBSTRUCTION FROM THE SMOOTH RUNNING OF THE CLUB AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17988 WP No. 11158 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking for the following prayer: "i) ii) Issue a Writ of Mandamus or such other appropriate Writ the from, Respondents/authorities interfering with the day to day activities of the Petitioner Club & from causing disturbance & obstruction from the smooth running of the Club. or Order directing refrain to Issue a Writ of Mandamus or such other appropriate Writ the from, Respondents/authorities interfering with the play of Game of Skill, such as Carrom, Chess, Table-Tennis, Snooker, Billiards, Card games, Rummy. or Order directing refrain to iii) Pass such other Writ/s or Order/s, which are deemed to be fit in the nature and circumstances of the case, in the interest of justice and equity." 2. Heard Shri M.R.C Manohar, learned counsel appearing for the petitioner and Shri Rahul Cariyappa, learned Additional Government Advocate appearing for the respodnents. 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 S.L.N RECREATION KRIDE MATTU MANORANJANA - 4 - NC: 2025:KHC:17988 WP No. 11158 of 2025 SANGHA (R) Vs. THE STATE OF KARNATAKA & Others1, the Co-ordinate Bench has held as follows: "Learned Additional Government Advocate takes notice for respondents No.1 to 6. Notice to respondent No.7 is not necessary for the following reasons. 2. Heard the learned counsel for the petitioner and learned Additional Government Advocate. 3. The petitioner is before this Court praying for issuance of a writ of mandamus thereby directing the respondents not to insist upon the petitioner to obtain license for the recreation activities conducted by the petitioner in the schedule premises either under the Karnataka Police Act, 1963 or under the Licensing and Controlling of the Places of Public Amusement Order, 1970. 4. Learned counsel for the petitioner would submit that, this Court in similar matters has been pleased to dispose of the writ petitions granting the relief. 5. Learned Additional Government Advocate would submit that the writ petition could be disposed of in terms of the order passed by this Court on 28.11.2018 while disposing of W.P.No.50923/2018. 6. The submission of the learned Additional Government Advocate is placed on record. If any illegal or unlawful activities are conducted or permitted in the petitioner’s premises, the respondents to initiate such action as permitted under law. is always open for it 7. The learned counsel for the petitioner has brought to the notice of this Court a judgment passed by the Division Bench of this Court at Kalaburgi, in 1 W.P.No.9359/2023 disposed on 15.09.2023 - 5 - NC: 2025:KHC:17988 WP No. 11158 of 2025 W.A.No.20090/2015 in the case of D.V.R. Recreation Club Vs State of Karnataka, disposed of on 27.06.2016 and further order issued on a review petition in the same matter on 19.10.2016. In view of the subsequent directions issued by the Hon’ble Division Bench, 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 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. indulging its member(s), by c. The petitioner shall not permit any activity by any of 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, except games of skills. 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 and the offenders, in accordance with law. e. The jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any - 6 - NC: 2025:KHC:17988 WP No. 11158 of 2025 information about any unlawful activity being carried on in the petitioner’s premises. f. The respondents are directed not to interfere with the 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 found to have indulged in any unlawful or immoral activities. Ordered accordingly." 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. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 72 CT: BHK