Writ Petition No. 24972 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:9014 WP No. 24972 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24972 OF 2024 (GM-POLICE) BETWEEN:
Legal Reasoning
J.P. NAGAR SPORTS CLUB NO.CA3, 'E' BLOCK, J.P. NAGAR MYSORE - 570 031 REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960 REP. BY ITS SECRETARY SRI S SURESH S/O B SIDDEGOWDA AGED ABOUT 37 YEARS RA/T NO. 795/C-C2, 4TH MAIN, 26TH CROSS VIDYARANYAPURAM MYSORE - 570 008 (BY SRI. MANJUNATH S HALAWAR, ADVOCATE) …PETITIONER AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOME VIDHANASOUDHA DR. AMBEDKAR VEEDHI, BANGALORE - 560 001 2. THE COMMISSIONER OF POLICE MIRZA ROAD NEAR GANDHIVANA PARK NAZARBAD MYSURU - 570 010 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9014 WP No. 24972 of 2024 3. THE DEPUTY COMMISSIONER OF POLICE MIRZA ROAD NAZARBAD MYSURU - 570 010 4. THE ASSISTANT COMMISSIONEROF POLICE KRISHNARAJA DIVISION GOPALASWAMY SHISHUVIHAR ROAD LASKHMIPURAM MYSURU - 570 004 5. THE INSPECTOR OF POLICE VIDHYARANYAPURAM POLICE STATION GOBLIMARA CIRCLE C BLOCK, J P NAGAR VIDYARANYAPURAM MYSURU - 570 008 6. CITY CRIME BRANCH VIDHYARANYAPURAM POLICE STATION JURISDICTIONAL, GOBLIMARA CIRCLE C BLOCK, J P NAGAR VIDYARANYAPURAM MYSURU - 570 008 (BY SRI. SHAMANTH HEGDE, HCGP) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 TO 6 NOT TO INTERFERE/FORCE/HARASSESS THE PETITIONER TO OBTAIN LICENSE TO CARRY ON SPORTS AND GAMING ACTIVITIES IN THE PREMISES OF THE PETITIONER CLUB EITHER UNDER KARNATAKA POLICE ACT OR UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9014 WP No. 24972 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Manjunath S. Halawar, learned counsel appearing for the petitioner and Sri. Shamanth Hegde, the learned High Court Government Pleader appearing for the respondents. 2. The petitioner is before this Court, seeking for the following prayer: "(a) ISSUE a writ order or direction in the nature of Mandamus, directing respondent no.1 to 6 not to interfere/force/harasses the petitioner to obtain license to carry on sports and gaming activities in the premises of the petitioner club either under Karnataka police Act or under the provisions of Licensing and controlling of places of Public Amusement order and (b direct the respondents not to not to interfere in playing of any skill oriented games like Rummy, Chess, Carrom and other skilled games which are the games of skill as held by this Hon'ble court in various Writ petitions. (c) PASS such other order/orders as this Hon'ble Court deems fit, in the facts and circumstances of the case, in the interests of justice and equity." 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 - 4 - NC: 2025:KHC:9014 WP No. 24972 of 2024 M/S NAVARANG ASSOCIATION Vs. THE STATE OF KARNATAKA1, the Co-ordinate Bench has held as follows: "Learned Government Advocate to accept notice for respondents No.1 to 7 and file memo of appearance in four weeks.
Decision
2. The petitioner is before this Court seeking for issue 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 1 W.P.No.38068/2015 disposed on 09.09.2015 - 5 - NC: 2025:KHC:9014 WP No. 24972 of 2024 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. (v) 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 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 - 6 - NC: 2025:KHC:9014 WP No. 24972 of 2024 being undisputed, the petition stands disposed on the same terms. Sd/- ______________________ JUSTICE M.NAGAPRASANNA KG List No.: 1 Sl No.: 41