M.R. Recreation Club vs Deputy Commissioner
2021 Latest Caselaw 1108 Kant

                          -1-


     IN THE HIGH COURT OF KARNATAKA, BENGALURU

        DATED THIS THE 18TH DAY OF JANUARY, 2021

                        PRESENT

        THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA

                          AND

           THE HON'BLE MRS. JUSTICE M.G. UMA

         WRIT APPEAL No.728/2020 (GM-RES)

BETWEEN:

1.    M.R. RECREATION CLUB
      D.NO.3/100 (A)
      BASEMENT FLOOR,
      MADANTHYAR, MALADI VILLAGE,
      BELTHANGADI TALUK,
      DAKSHINA KANNADA
      REPRESENTED BY ITS PRESIDENT
      SRI MONAPPA POOJARI,
      AGED ABOUT 49 YEARS,

2.    R.R. RECREATION CLUB (R)
      DOOR NO. K II-97/IU,
      1ST FLOOR, GARDEN VIEW COMPLEX,
      VENOOR, BELTHANGADY TALUK,
      D.K. DISTRICT - 574 242
      REPRESENTED BY ITS SECRETARY
      SRI P. RAJESH
      S/O. THIMMAPPA POOJARY,
      AGED ABOUT 39 YEARS.

3.    SRI POLALI RECREATION CLUB (R)
      DOOR NO.12/171 (26)
      SCS COMPLEX,
      B.C. ROAD JUNCTION, MUDA,
      BANTWALA TALUK,
      DAKSHINA KANNADA
      REPRESENTED BY ITS PRESIDENT
      SRI MANOHAR
      AGED ABOUT 42 YEARS.

4.    SRI SAI RECREATION CLUB (R)
      DOOR NO.KL-1-118/4,
      RAYI, RAYI VILLAGE,
      BANTWALA TALUK,
                           -2-


       D.K. DISTRICT - 574 211
       REPRESENTED BY ITS PRESIDENT
       SRI K. KRISHNAPPA,
       AGED ABOUT 43 YEARS.

5.     SHREEM BRZEE RECREATION CLUB (R)
       D.NO.15-120-X AND 15-120-Y
       VISHAL COMPLEX,
       2ND AND 3RD FLOOR,
       BANTWALA MUDA,
       BANTWALA - 574 219
       REPRESENTED BY ITS PRESIDENT
       SRI MANOHAR SHETTY
       AGED ABOUT 41 YEARS.

6.     SRI GOLDEN RECREATION CLUB (R)
       DOOR NO.3-29/4, UJIRE
       BELTHANGADI TALUK,
       D.K. DISTRICT - 574 211
       REPRESENTED BY ITS PRESIDENT
       SRI VACHAN SHETTY
       AGED ABOUT 40 YEARS.               ... APPELLANTS

(BY SRI RAJARAM S., ADVOCATE)

AND:

DEPUTY COMMISSIONER,
DISTRICT MAGISTRATE'S OFFICE,
DAKSHINA KANNADA,
MANGALORE - 575 001.                      ... RESPONDENT

(BY SMT. VANI H., ADDITIONAL GOVERNMENT ADVOCATE)

       THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
JUDGMENT IN W.P.NO.12216/2020 (GM-RES) DECIDED ON
03.11.2020 AND CONSEQUENTLY SET ASIDE THE ORDER
PASSED BY THE RESPONDENT IN PROCEEDING NO.MAG(2)/CR/
246/2020/C4/9 VIDE ANNEXURE -A IN THE WRIT PETITION.


       THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
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                         JUDGMENT

Though this appeal is listed for preliminary hearing,

with the consent of learned counsel on both sides, it is

heard finally.

2. Appellants are recreational clubs situated in

Dakshina Kannada District. They are aggrieved by the

dismissal of the writ petition filed by them by the learned

single Judge by order dated 03/11/2020

(W.P.No.12216/2020). Learned counsel for the appellants

submitted that in a similar matter, learned single Judge

has granted relief by imposing certain conditions vis-a-vis

carrying out certain activities in the recreation clubs such

as, playing of cards etc. He submitted that similar

conditions may be imposed in this appeal also and the

appeal may be disposed by setting aside the impugned

order.

3. Learned Adtitional Government Advocate

appearing for the respondent does not object that the

submission in contrary to the orders passed by the learned

single Judge in W.P.No.15330/2020. She, however,

contended that the said order is passed in respect of

Karkala Taluk, Udupi District, in respect of a recreation

clubs situated in Karkala Taluk, Udupi District, but the

order of the of the Deputy Commissioner in this case is

with regard to recreation club situated in Dakshina

Kannada District where the Covid-19 cases are still

persisting. She therefore submitted that there is no

infirmity in the order of the learned single Judge who has

sustained the order of the Deputy Commissioner vis-a-vis

the playing of cards in the appellants/recreation clubs.

4. To this submission, learned senior counsel for

the appellants urged that the State Government has now

taken a policy decision to open up schools and other

educational institutions. That all the activities of the State

Government are being carried out in a normal manner, but

with precautions, having regard to the persistence of

Covid-19 cases in certain areas. Therefore, learned single

Judge in W.P.No.15330/2020 on 22/12/2020 disposed

of the writ petition in the case of Shristi Recreation

Association (R) vs. State of Karnataka and others

(Shristi Recreation) by imposing certain conditions and

hence, this Court may impose similar conditions in this

case also by setting aside the order of the learned single

Judge.

5. We have perused the order of the learned

single Judge in the case of Shristi Recreation and note that

the said order follows an earlier order in Kalpataru

Recreation Association vs. The State of Karnataka

and others (W.P.No.7909/2019 disposed on

26/02/2019), wherein the following conditions have

been imposed:

(i) The petitioner shall install CC TV cameras at the places of access to its members and also at all the places, wherein game(s) is/are played by the members within a period of six weeks. The CC TV footage of at least prior 15 days' period shall be made available by the petitioner to the jurisdictional 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 concerned police, during the raid(s), survelliance, 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 Sections 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 jurisdictional police find the game(s) played is/are contrary to any law and in violation of the settled practice, it is open to them to take action against the 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's - 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 is/are found to have indulged in any unlawful or immoral activities.

To the aforesaid conditions, we added the following:

"(a) That while carrying out various recreational activities in the appellant/clubs, all precautions for preventing the spread of Covid-19 shall be taken, including social distancing, use of sanitizers and mask."

6. In that regard, the appellant/recreation clubs

may also prepare a standard operating procedure ("SOP")

for the members of the club, the employees, guests and

others who ever enters the appellant/clubs, to be followed.

7. Appeal is allowed and disposed of in the

aforesaid terms by setting aside the order of the learned

single Judge.

No costs.

In view of disposal of the appeal, I.A.No.2/2020

stands disposed.

Sd/-

JUDGE

Sd/-

JUDGE S*