AMRUTHAVAHINI SPORTS AND CULTURAL ASSOCIATION v. THE STATE OF KARNATAKA

(BY SRI. K.P. YOGANNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, QUASHING THE IMPUGNED SHOW CAUSE NOTICE DATED 24.06.2025 AND 17.07.2025 PASSED BY 5TH RESPONDENT AT ANNEXURE A AND B, DIRECT RESTRAINING THE RESPONDENTS FROM UNWARRANTED VISITS OR REPEATED DOCUMENT DEMANDS UNLESS THERE IS A SPECIFIC COMPLAINT OF ILLEGAL ACTIVITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2026:KHC:16198 WP No. 30368 of 2025 HC-KAR ORAL ORDER The petitioner – a Registered Recreation Association - has approached this Court under Article 226 of the Constitution seeking a writ of mandamus to quash the impugned show-cause notice dated 24.06.2025 and

17.07.2025 passed by respondent No.5 as per Annexures- A and B and further for a direction to respondents restraining them from unwarranted visits or repeated document demands unless there is a specific complaint of illegal activity. It is specifically contended that the activities of the petitioner-Association are confined to recreational activities 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. DRBI/SOR/492/2018-2019 - 4 - NC: 2026:KHC:16198 WP No. 30368 of 2025 HC-KAR dated 18.09.2019. The petitioner asserts Association has been functioning lawfully strictly accordance with its bye-laws.

3. The grievance projected in the writ petition is that respondent No.5 – the jurisdictional Police Officer is repeatedly visiting the premises of the Association without any justifiable cause and is interfering with the peaceful conduct of 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. The petitioner/club is also aggrieved by the impugned notices dated 24.6.2025 and 17.07.2025 as per Annexures-A and B, wherein the jurisdictional Station Officer has called upon the club to produce the documents regarding the functioning and activities of the club.

5. The impugned notice clearly contravenes the judgment rendered by this Court in D.V.R Recreation - 5 - NC: 2026:KHC:16198 WP No. 30368 of 2025 HC-KAR Club Vs State of Karnataka rendered W.A.No.20090/2015. This Court in numerous judgments relating to recreation clubs has clearly deprecated the action of the police officers unnecessarily interfering with recreational clubs. Therefore, the notice is liable to be quashed in the light of the principles laid down by the Division Bench cited supra and the consistent view taken by this Court in subsequent matters.

6. This Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned show cause notices dated

24.06.2025 and 17.07.2025 as per Annexures-"A and B" are hereby quashed 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 - 6 - NC: 2026:KHC:16198 WP No. 30368 of 2025 HC-KAR 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. - 7 - NC: 2026:KHC:16198 WP No. 30368 of 2025 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 - 8 - NC: 2026:KHC:16198 WP No. 30368 of 2025 HC-KAR found to have indulged in any unlawful or immoral activities. Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BVK List No.: 3 Sl No.: 11