M/S Qball Max Sports Center vs State Of Karnataka
2021 Latest Caselaw 5206 Kant

                              1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 1ST DAY OF DECEMBER, 2021

                         BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

        WRIT PETITION NO.20524 OF 2021 (GM-POLICE)

BETWEEN:
M/S. QBALL MAX SPORTS CENTER
NO.57, 1ST MAIN ROAD,
MINI FOREST ROAD,
J.P. NAGAR, 3RD STAGE,
BANGALORE ZONE-3,
JAYANAGARA,
BANGALORE

REPRESENTED BY ITS SECRETARY
SRI. S. KUMAR
S/O. LATE SUBRAMANI
AGED ABOUT 47 YEARS
                                             ...PETITIONER

(BY SRI. RAJU S., ADVOCATE)

AND:

1.     STATE OF KARNATAKA,
       REPRESENTED BY ITS SECRETARY,
       HOME DEPARTMENT,
       VIDHANA SOUDHA,
       DR. AMBEDKAR VEEDHI,
       BENGALURU - 560 001.

2.     COMMISSIONER OF POLICE,
       OFFICE OF THE COMMISSIONER OF POLICE,
       INFANTRY ROAD,
       BANGALORE - 560 001.

3.     THE DEPUTY COMMISSIONER OF POLICE,
       BANGALORE SOUTH DIVISION,
       BANGALORE - 560 078.

4.     THE DEPUTY COMMISSIONER OF POLICE,
       CITY CRIME BRANCH,
                               2


     ROYAN CIRLCLE, N.T. PET,
     BANGALORE - 560 001.

5.   THE ASSISTANT COMMISSIONER OF POLICE,
     BANGALORE SOUTH DIVISION,
     BANGALORE - 560 078.

6.   THE CIRCLE INSPECTOR OF POLICE,
     J.P. NAGAR POLICE STATION,
     J.P. NAGAR, BANGALORE - 560 078
                                              ...RESPONDENTS
(BY SRI. VINOD KUMAR, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
THAT THE RESPONDENT POLICE HAVE NO AUTHORITY TO
INSIST THE PETITIONER TO OBTAIN PERMISSION OR LICENSE
AS REQUIRED UNDER SEC. 79 AND 80 OF THE KARNATAKA
POLICE ACT, 1963 AS SUCH AS AN INTERFERENCE IS TO BE
DECLARED AS ILLEGAL AND INVALID AND BY DECLARING THAT
THE PERMITTED INDOOR AND OUTDOOR GAMES ARE
CONCERNED, TO CARRY ON RECREATIONAL AND OTHER
LAWFUL ACTIVITIES LIKE RUGBY, KABBADI, FANTASTIC THREE
VIDEO GAMES, CRICKET, HOCKEY VOLLEY-BALL, WALL GAME,
WALL BALL, COMPUTERS GAME, POKER, TABLE TENNIS, DARTS
GAME, PING PONG BALL GAME, RECREATION AND OTHER ALL
SKILLED GAMES EXCEPT GAMBLING, SPOTS, ADVENTURE
PROGRAMMERS, SOCIAL, EDUCATIONAL, CULTURAL AND
RECREATIONAL ACTIVITIES AND CONDUCT TALUK, DISTRICT
AND STATE LEVEL MOTOR RACE CHESS, SNOOKER GAMES,
BILLRDS GAMES, POOL GAMES, PLAY STATION, PS5 GAME,
CARROM, FANTASTIC III, PLAYED WITH 3 DICE BALL, DART
GAMES, ELECTRONIC COIN GAMES TABLE TENNIS, CARDS
(RUMMY) SNOOKER, POOL GAME, BILLIARDS, JOKER BONUS
GAMES, SIX COLOUR, SKILL GAME, AND OTHER INDOOR AND
OUTDOOR GAMES IN THE PETITION SCHEDULE PREMISES.
AND ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
                         ORDER

The subject matter of this Writ Petition is substantially

covered by the decision of a Co-ordinate Bench of this Court

in W.P.No.25326/2017 (GM-POLICE) between

SRI ANNAMMA SOCIAL ASSOCIATION Vs. STATE OF

KARNATAKA & ORS, disposed off on 14.06.2017, a copy of

the judgment is at Annexure-G.

2. The Division Bench decision of this Court in

W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER

Vs. STATE OF KARNATAKA BY ITS COMMISSIONER &

SECRETARY disposed off on 11.12.1974, it has been held

that like cases should be treated alike and if relief is granted

to a litigant, similar relief cannot be denied to other similarly

circumstanced litigants, subject to all just exceptions.

In view of the above, this Writ Petition is disposed off

granting the same relief as has been granted to the litigant in

the aforesaid Writ Petition; this apart, petitioner shall follow

COVID related restrictions too.

No costs.

Sd/-

JUDGE DS/JY