PRAGATHI RECREATION CLUB (R) v. THE STATE OF KARNATAKA

PRAGATHI RECREATION CLUB (R) (EARLIER KNOWN AS SRI VEERABHADRESHWARA RECREATION CLUB) TQ: HIREKERUR, DIST: HAVERI REPRESENTED BY RAGHAVENDRA KALAL S/O. PARASHURAMA, AGE 32 YEARS, O/AT: TUMMINAKATTE ROAD, RATTIHALLI, TALUKA AND DIST HAVERI. (BY SRI. NANDISH PATIL, ADVOCATE) AND:

1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE 560001. …PETITIONER VISHAL NINGAPPA PATTIHAL VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench +0530

2. THE SUPERINTENDENT OF POLICE HAVERI DISTRICT, HAVERI-581110.

3. THE DEPUTY SUPERINTENDENT OF POLICE HAVERI SUB DIVISION, HAVERI-581110.

4. THE CIRCLE INSPECTOR OF POLICE HIREKERUR CIRCLE, HAVERI DISTRICT-581110.

5. THE SUB INSPECTOR OF POLICE HIREKERUR, HAVERI DISTRICT-581110 (BY SRI.T. HANUMAREDDY, AGA) …RESPONDENTS - 2 - NC: 2025:KHC-D:17514 WP No. 109174 of 2025 HC-KAR THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO. 2 TO 5 TO NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR THE PLAY OF SKILL GAMES SUCH AS CHESS, CAROM, TABLE TENNIS, CARDS (RUMMY, JACKPOT AND BEST OF SEVEN) AND OTHER INDOOR AND OUTDOOR GAMES FOR THE BENEFIT OF ITS MEMBERS AND ALSO SOCIAL SERVICES AND ETC, IN THE PREMISES OF CLUB BEING RUN UNDER THE NAME AND STYLE OF PRAGATHI RECREATION CLUB, EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT ORDER AND NOT TO INTERFERE IN THE PLAY OF SKILL ORIENTED GAMES AS MENTIONED ABOVE IN THE PETITIONERS CLUB PREMISES IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the respondent – Police to restrain from interfering with the activities of the petitioner – Club.

2. Heard Sri. Nandish Patil, learned counsel for the petitioner and Sri T. Hanumareddy, learned AGA for the respondents.

3. Learned counsel appearing for the petitioner submits that the petitioner – Club has not undertaken any such illegal - 3 - NC: 2025:KHC-D:17514 WP No. 109174 of 2025 HC-KAR activity for interference. He would also submit that the issue is covered by plethora of judgments rendered by this Court. Though the petitioner – Club is abiding with the terms and conditions as directed by this Court, the respondents - Police are insisting to obtain license, which is contrary to law.

4. In the peculiar facts and circumstances of this case, I deem it appropriate to refer to the order passed by the Co- ordinate Bench of this Court in W.P. No.21211 of 2017, disposed on 11th May 2017, wherein it has held as follows: “Heard.

2. Sri T.Nagaraja, learned counsel for the petitioner submits that this matter is covered by an order of this Court dated September 9, 2015 in W.P.No.38068 of 2015. The said submission is not disputed by the learned HCGP.

3. In the circumstances, this petition is disposed of with 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 atleast 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 - 4 - NC: 2025:KHC-D:17514 WP No. 109174 of 2025 HC-KAR 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 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 in 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 - 5 - NC: 2025:KHC-D:17514 WP No. 109174 of 2025 HC-KAR accordance with law, if the member(s) of the petitioner are found to have indulged in any unlawful or immoral activities.” Learned HCGP is permitted to file his memo of appearance in four weeks.”

5. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 2 Sl No.: 10