Vikalachethana Kshemabivruddi ... vs Superintendent Of Police
2021 Latest Caselaw 5671 Kant

                             1

  IN THE HIGH COURT OF KARNATAKA, BENGALURU

   DATED THIS THE 7TH DAY OF DECEMBER, 2021

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

   WRIT PETITION NO.20946 OF 2021(GM-POLICE)

BETWEEN:

VIKALACHETHANA KSHEMABIVRUDDI CLUB
BASAWESHWARA BADAVANE, MULLUSOGE VILLAGE,
HARANGHI ROAD, KUSHAL NAGARA,
SOMAVARAPETE - 571 234,
KODAGU DISTRICT.
REPRESENTED BY ITS SECRETARY
B S LATHESH KUMAR.
                                     ...PETITIONER
(BY SRI. VINAYA KEERTHY M, ADVOCATE)

AND:

1. SUPERINTENDENT OF POLICE,
   KODAGU DISTRICT,
   KODAGU - 571 234.

2. CIRCLE INSPECTOR OF POLICE,
   KUSHAL NAGARA TOWN,
   KODAGU DISTRICT - 571 234.
                                    ... 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 WITH THE
SMOOTH RUNNING OF THE RECREATION ACTIVITIES SUCH
AS CARROM, RUMMY AND OTHER SKILL GAMES BY THE
PETITIONER UNDER THE NAME AND STYLE ANGAVIKALARA
KSHAMABIWRIDHI CLUB AT BASAWESHWARA BADAVANE,
MULLUSOGE VILLAGE, HARANGHI ROAD, KUSHAL NAGARA
SOMAVARAPETE - 571 234, KODAGU DISTRICT.


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

The subject matter of this writ petition is

substantially similar to the one in W.P.No.50787/2016

(GM-POLICE) between ANGAVIKALARA

KSHEMABIWRIDHI CLUB Vs. THE SUPERRINTENDENT

OF POLICE & ANOTHER, disposed off by a Coordinate

Bench of this Court on 29.02.2016.

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 reserving

liberty to the police to conduct spot inspection 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

Bsv