NEW FRIENDS RECEREATION SOCIAL CLUB v. THE STATE OF KARNATAKA
Case at a glance
- Bench
- RAVI V HOSMANI, EQUITY
Outcome
Disposed of
petition is disposed of
Provisions considered
Judgment
CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH +0530 (BY SRI RAGHAVENDRA A. PUROHIT, ADVOCATE) AND:
THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPT. OF HOME, VIDHANSOUDHA, B.R. AMBEDKAR VEEDHI, BENGALURU-560001.
THE DEPUTY COMMISSIONER, BAGALKOT, TQ & DIST: BAGALKOT-587103.
THE SUPERINTENDENT OF POLICE, BAGALKOT, TQ & DIST: BAGALKOT-587103.
THE DEPUTY SUPERINTENDENT OF POLICE, JAMAKHANDI, TQ: JAMAKHANDI, DIST: BAGALKOT-587103.
THE POLICE INSPECTOR, MAHALINGPUR, TQ: RABAKAVI –BANAHATTI, DIST: BAGALKOT-587103. - 2 - NC: 2024:KHC-D:5838 WP No. 102034 of 2024
THE CIRCLE POLICE INSPECTOR, BANAHATTI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT-587103.
THE REGISTRAR OF DISTRICT SOCIETIES AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BAGALKOT, TQ: & DIST: BAGALKOT-587103. (BY SRI MADANMOHAN M. KHANNUR, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO 6 NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR PLAYING SKILL GAMES INDOOR GAMES LIKE CHESS, CAROM, RUMMY, TABLE TENNIS, LONG TENNIS BILLIARDS, BADMINTON AND OUTDOOR GAMES SUCH AS TENNIS, TENNIQUITE, ATHLETICS, CRICKET ETC; ISSUE A DIRECTION DIRECTING THE RESPONDENTS NO.3 TO 6 NOT TO INTERFERE WITH DAY TO DAY FUNCTION AND ACTIVITIES OF THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This writ petition is filed seeking for following reliefs: A. Issue writ in the nature of mandamus directing the respondent no.3 to 6 not to insist upon the petitioner to obtain license for playing skill games indoor games like chess, carom, rummy, Table tennis, long Tennis Billiards, Badminton and Outdoor games such as Tennis, Tenniquite, Athletics, Cricket etc. B. Issue a direction directing the respondents no.3 to 6 not to interfere with day to day function and - 3 - NC: 2024:KHC-D:5838 WP No. 102034 of 2024 activities of the petitioner in the interest of justice and equity. Sri RAghavendra A Purohit, learned counsel for petitioner submits that petitioner association is duly registered under Karnataka Societies Registration Act bearing no.DRBK/SOR/962/2023-2024 dated 11.03.2024 and conducting games indoor games like chess, carom, rummy, Table tennis, long Tennis Billiards, Badminton and Outdoor games such as Tennis, Tenniquite, Athletics, Cricket etc. Byelaw and object of club is produced.
2. It is further submitted that object of club is to provide and maintain free reading library, promote and encourage sportsmanship and conduct games to members to promote patriotism during Independence day, Republic day and Gandhi Jayanti etc. It is submitted that while conducting regular activities, respondent no.3 to 6 are interfering and insisting upon petitioner for obtaining licence. Petitioner has relied decision Court W.P.no.105936/2022, relating to similar subject matter, - 4 - NC: 2024:KHC-D:5838 WP No. 102034 of 2024 wherein, learned Single judge has allowed writ petition by imposing certain terms and conditions. Hence, sought for allowing petition by granting similar relief.
3. On other hand, Sri Madanmohan M Khannur, learned AGA fairly submits that writ petition can be disposed of by imposing conditions, alike similar writ petitions passed by this Court.
4. Heard learned counsel and perused writ petition record.
Operative part
5. From above and considering entire material on record following directions issued W.P.no.201133/2017 disposed of on 30.03.2017, this writ petition is disposed of.
(i) Petitioner shall install CC TV cameras at places of access to its members and also at all places, wherein game(s) is/are played by members within a period of six weeks. CC TV footage of at least prior 15 days period shall be made available by petitioner to jurisdictional police, as and when called upon to do so.
(ii) Petitioner shall issue identity card(s) to all its member(s), which shall be produced by - 5 - NC: 2024:KHC-D:5838 WP No. 102034 of 2024 member(s), when called upon by concerned police, during raid(s), surveillance, etc.
(iii) 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) Petitioner shall not permit any activity by any its member(s), by indulging in acts of amusement, falling within definition of Sections 2(14) and 2(15) of 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. 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) Petitioner shall put proper mechanism in place and shall ensure that no game(s) is played in unlawful manner by member(s). If jurisdictional police find the game(s) played is/are contrary to any law and in violation of settled practice, it is open to them to take action against petitioner and offenders, in accordance with law. (vi) Jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any - 6 - NC: 2024:KHC-D:5838 WP No. 102034 of 2024 information about any unlawful activity being carried on in petitioner’s premises. (vii) Respondents are directed not to interfere with lawful recreational activities carried on by members of petitioner’s – Club/Association. (viii) It is made clear that this order would not come in way of jurisdictional police invoking provisions of Act and taking action in accordance with law, if member(s) of petitioner is/are found to indulged in any unlawful or immoral activities. Sd/- JUDGE Psg* List No.: 1 Sl No.: 19
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Registration Act, 1908; Karnataka Police Act, 1963 — s. 2.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.