Karnataka High Court
Swapna Mitra Mandali vs The State Of Karnataka on 15 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:13899
WP No. 106995 of 2025
C/W WP No. 107003 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 15TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 106995 OF 2025 (GM-POLICE)
C/W
WRIT PETITION NO. 107003 OF 2025
IN W.P.NO.106995/2025:
BETWEEN:
SWAPNA MITRA MANDALI,
AT VARADA INTERNATIONAL HOTEL,
RAILWAY OVER BRIDGE, NH 66,
KUMTA - 581 343, R/BY ITS SECRETARY,
NAGARAJ NAGAPPA SHETTY,
AGE. 48 YEARS, OCC. BUSINESS,
R/O. H. NO.745 N. H.-66, HONMAV, KUMTA,
DIST. UTTAR KANNADA - 581 314.
...PETITIONER
(BY SRI. SOURABH HEGDE, DVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY ITS SECRETARY,
Digitally signed HOME DEPARTMENT, VIDHAN SOUDHA,
by RAKESH S
HARIHAR BENGALURU - 560 001.
Location: High
Court of
Karnataka, 2. SUPERINTENDENT OF POLICE,
Dharwad Bench, KARWAR DISTRICT (UTTAR KANNADA),
Dharwad
KARWAR - 581 301.
3. CIRCLE POLICE INSPECTOR,
KUMTA, DIST. KARWAR - 581 343.
4. THE SUB-INSPECTOR OF POLICE,
KUMTA POLICE STATION, KUMTA,
DIST: KARWAR - 581 343.
...RESPONDENTS
(BY SRI. V.S.S KALASURMATH, ADVOCATE FOR R1 TO R4)
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NC: 2025:KHC-D:13899
WP No. 106995 of 2025
C/W WP No. 107003 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO ENABLE TO PETITIONER TO
CARRY-OUT THE RECREATIONAL ACTIVITIES IN PURSUANCE OF
ANNEXURE-A AND B. WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS NO.2-4 NOT TO REMOVE THE CCTV CAMERAS ALONG
WITH DVRS INSTALLED IN THE PREMISES OF THE PETITIONER VIDE
ANNEXURE-C AND ETC.,
IN W.P.NO.107003/2025:
BETWEEN:
SHREE GURUDUTTA FRIENDS ASSOCIATION,
BASTIPETH, KUMTA, TALUK. KUMTA,
DISTRICT KARWAR (UTTAR KANNADA),
R/BY ITS SECRETARY,
NAGANANDA BASAKAR BASRUR,
AGE. 66 YEARS, OCC. SECRETARY,
R/O. H. NO.138-C, BASTIPETE,
KUMTA, UTTAR KANNADA - 581 343.
...PETITIONER
(BY SRI. SOURABH HEGDE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY ITS SECRETARY,
HOME DEPARTMENT, VIDHAN SOUDHA,
BENGALURU - 560 001.
2. SUPERINTENDENT OF POLICE,
KARWAR DISTRICT (UTTAR KANNADA),
KARWAR - 581 301.
3. CIRCLE POLICE INSPECTOR,
KUMTA, DIST. KARWAR - 581 343.
4. THE SUB-INSPECTOR OF POLICE,
KUMTA POLICE STATION,
KUMTA, DIST. KARWAR - 581 343.
...RESPONDENTS
(BY SRI. V.S.S KALASURMATH, ADVOCATE FOR R1 TO R4)
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NC: 2025:KHC-D:13899
WP No. 106995 of 2025
C/W WP No. 107003 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO ENABLE THE PETITIONER TO
CARRY-OUT THE RECREATIONAL ACTIVITIES. WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS NO. 2-4 NOT TO REMOVE THE CCTV
CAMERAS ALONG WITH DVRs INSTALLED IN THE PREMISES OF THE
PETITIONER VIDE ANNEXURE-B AND ETC.,
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are 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.Sourabh Hegde, learned counsel for the petitioner and Sri V.S. Kalasurmath, learned AGA for the respondents.
3. Learned counsel appearing for the petitioners submits that the petitioners' - Club have not undertaken any such illegal activity for interference. He would also submit that the issue is covered by plethora of judgments rendered by this Court. Though the petitioners' - Club are -4- NC: 2025:KHC-D:13899 WP No. 106995 of 2025 C/W WP No. 107003 of 2025 HC-KAR 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 -5- NC: 2025:KHC-D:13899 WP No. 106995 of 2025 C/W WP No. 107003 of 2025 HC-KAR 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 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.
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(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 accordance with law, if the member(s) of the petitioner are found to have indulged in any unlawful or immoral activities."
-7-NC: 2025:KHC-D:13899 WP No. 106995 of 2025 C/W WP No. 107003 of 2025 HC-KAR 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 petitions also stand disposed.
Sd/-
(M.NAGAPRASANNA) JUDGE RHR/-
List No.: 1 Sl No.: 83