DURGA SOCIAL CLUB v. THE STATE OF KARNATAKA

(BY SRI V.S.KALASURMATH, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF MANDAMUS OR SUCH OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENTS NOT TO INSIST THE PETITIONER TO OBTAIN LICENCE/PERMISSION UNDER KARNATAKA POLICE ACT OR UNDER LICENSING AND CONTROLLING OF PLACE OF PUBLIC AMUSEMENT FOR PLAYING OF SKILL GAMES SUCH AS CHESS, CAROM, RUMMY, SNOOKER, TABLE TENNIS, PLAYING CARDS, BADMINTON AND 3 CARD ETC OR ANY OTHER SKILL GAMES IN THE PREMISES OF THE PETITIONER CLUB AS PER THE MEMORANDUM OF ASSOCIATION VIDE ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT OF MANDAMUS OR SUCH OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE ACTIVITIES OF PETITIONER CLUB FOR THE RECREATION OF ITS MEMBERS BY PLAYING THE SKILL GAMES SUCH AS CHESS, CAROM, RUMMY, SNOOKER, TABLE TENNIS, PLAYING CARDS BADMINTON AND 3 CARDS ETC OR ANY OTHER SKILL GAMES, IN THE PREMISES OF THE PETITIONER CLUB AS PER MEMORANDUM OF ASSOCIATION VIDE ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUTIY. AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:634 WP No. 100034 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking the following prayer: I. II. Issue a writ of mandamus or such other appropriate Writ or Order or Direction, Directing the respondents not to insist the petitioner to obtain licence/permission under Karnataka Police Act or under Licensing and Controlling of Place of Public Amusement for Playing of Skill Games such as chess, carom, rummy, snooker, table tennis, playing cards, badminton and 3 card etc or any other skill games in the premises of the petitioner club as per the Memorandum of Association vide Annexure-B, in the interest of justice and equity. Issue a writ of Mandamus or such other appropriate writ or order or Direction, Directing the respondents not to interfere with the activities of petitioner club for the recreation of its members by playing the skill games such as chess, carom, rummy, snooker, table tennis, playing cards badminton and 3 cards etc or any other skill games, in the premises of the petitioner club as per Memorandum of Association vide Annexure-B, in the interest of justice and equity. III. Issue any appropriate orders/directions as this Hon’ble Court deems fit in the facts and circumstances of the present case, in the interest of justice and equity.

2. The issue need not detain this Court for long or delve deep into the matter. - 4 - NC: 2025:KHC-D:634 WP No. 100034 of 2025

3. Plethora of cases have been disposed, one of which is Writ Petition No.3775/2024. The same reads as follows: “Heard Sri. N. Kumar, learned counsel appearing for the petitioner and Sri. Manjunath K., the learned HCGP appearing for the respondents.

2. The petitioner is before this Court, seeking for the following prayers: "i. Issue a writ in the nature of mandamus, directing the respondents not to insist the petitioner to obtain license under Karnataka Police Act or under Licensing and Controlling of Places of Public Amusement for playing of skill games like chess, snooker, Carom, Electronic coin games, Pentastic-3, Three Dies Bowling, (is newly known as skilled electronic game) poker, wall game, six colour games, rummy etc., in the premises of the petitionerAssociation. ii. Issue a writ in the nature of Mandamus directing the respondents not to interfere with the activities of the petitioner - Association for the recreation of its members by playing the skilled games like chess, Dart Game, snooker, carom, electronic coin games, video games, poker, wall game, rummy, etc. in the premises of the petitioner - Association. - 5 - NC: 2025:KHC-D:634 WP No. 100034 of 2025 iii. Pass such any other orders or directions, as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest 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 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.

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 - 6 - NC: 2025:KHC-D:634 WP No. 100034 of 2025 the petitioner, to the police, as and when called upon to do so. (ii) The petitioner shall 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 nonmember(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. (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 - 5 - NC: 2024:KHC:5783 WP No. 3775 of 2024 game(s) played is contrary - 7 - NC: 2025:KHC-D:634 WP No. 100034 of 2025 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 law, the member(s) of 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 supra and the facts being undisputed, the petition stands disposed on the same terms.” - 8 - NC: 2025:KHC-D:634 WP No. 100034 of 2025

4. In the light of the issue standing covered by the judgment rendered by the Coordinate Bench (supra), petition stands disposed on the same terms. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 21