Sri Malleshwara Sports And ... vs The Secretary
2021 Latest Caselaw 5319 Kant

                           1

   IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 2ND DAY OF DECEMBER, 2021

                       BEFORE

        THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.21796 OF 2021(GM-POLICE)

BETWEEN:

1. SRI MALLESHWARA SPORTS AND CULTURAL TRUST,
   MALLASANDRA,
   KOTTANAHALLI VILLAGE (CLUB PREMISES),
   TUMKUR TALUK,
   TUMKUR-572 010.
   REPRESENTED BY ITS PRESIDENT.

2. SRI GANGAMALLAPPA,
   S/O SRI SIDDAMALLAIAH,
   AGED ABOUT 66 YEARS,
   R/O MALLASANDRA PALYA,
   HALANUR POST,KASABA HOBLI,
   TUMKUR TALUK,TUMKUR-572 101.
   SENIOR CITIZEN BENEFIT NOT CLAIMED.
                                         ... PETITIONERS
(BY SRI. VEERAYYA HIREMATH, ADVOCATE)

AND:

1. THE SECRETARY
   DEPARTMENT OF HOME,
   GOVERNMENT OF KARNATAKA,
   VIDHANA SOUDHA,
   BENGALURU-560 001.

2. THE SUPERINTENDENT OF POLICE
   TUMKUR DISTRICT,
   TUMKUR-572 101.

3. THE DEPUTY SUPERINTENDENT OF POLICE
   TUMKUR DISTRICT,
   TUMKUR-572101
                               2

4. THE SUB INSPECTOR
   RURAL POLICE STATION,
   TUMKUR-572 101.
                                            ... RESPONDENTS
(BY SRI. VINOD KUMAR,AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS NOT TO INTERFERE IN THE SPORTS, CULTURAL
AND SKILL ORIENTED GAMES LIKE SKILL FANTASTIC-3,
ROULETTE, SIX COLOUR GAMES, INDOOR AND OUTDOOR
GAMES LIKE SNOOKER, BILLARIARDS, POOL GAMES, CHESS,
RUMMY, JACKPOT, POKER, CAROM, COIN GAMES, DART,
VOLLEY BALL, AND SKILL GAMES ETC. WHICH ARE GAMES OF
SKILL AS HELF BY THIS COURT IN VARIOUS WRIT PETITIONS
BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI OF ANY
OTHER WRIT OR DIRECTION AS THE CASE MAY BE.

      THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

                           ORDER

The subject matter of this writ petition is substantially

similar to the one in W.P.No.1458/2017 (GM-POLICE)

between M/S. SRI LAKSHMI RECREATION ASSOCIATION

vs. GOVERNMENT OF KARNATAKA & OTHERS, disposed

off by a Coordinate Bench of this Court on 31.01.2017.

2. Learned AGA is more than justified in submitting

that in addition to conditions stipulated in the cognate

judgment, the petitioner has to abide by the COVID - 19

related regulations/restrictions and the petitioner agrees to

the same.

3. The Division Bench 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, has held that the Court should

treat the like-cases alike and if relief is granted to a litigant,

it has to be extended to similarly circumstanced litigants as

well, there being no derogatory circumstances.

In view of the above, this writ petition is disposed off

granting relief to the petitioner in terms of the cognate

judgment mentioned above; impugned notice is quashed

with liberty to the police to take action in the event any of the

conditions, including the COVID-19 related ones are violated.

All contentions are kept open.

No costs.

Sd/-

JUDGE

Snb/