Shri.Sai Ram Recreation Club vs The State Of Karnataka
2021 Latest Caselaw 169 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

     DATED THIS THE 05 T H DAY OF JANUARY, 2021

                           BEFORE

 THE HON'BLE MR.JUSTICE N.S. SANJAY GOWDA

           W.P.NO.100012/2021 (GM-POLICE)
BETWEEN :

SHRI SAI RAM RECREATION CLUB,
R/AT AGADI GRAM, TQ HAVERI,
DIST: HAVERI, BRANCH OPEN AT: AGADI GRAM,
TQ HAVERI, DIST HAVERI-581128,
REPRESENTED BY ITS PRESIDENT,
SHRI NINGANAGOUDA S/O RUDRAGOUDA KANKANAVAD,
AGED 39 YEARS, R/AT: SALAGERI ONI,
SHIGGAON, TQ SHIGGAON, DIST. HAVERI-581205.
                                            ...PETITIONER
(BY SHRI GOURISHANKAR H MOT)

AND :

1.      THE STATE OF KARNATAKA
        REPRESENTED BY ITS SECRETARY,
        HOME DEPARTMENT, VIDHANA SOUDHA,
        DR.B.R. AMBEDKAR VEEDHI,
        BENGALURU-560007.

2.      THE SUPERINTENDENT OF POLICE
        HAVERI-581110.

3.      THE DEPUTY SUPERINTENDENT OF POLICE
        HAVERI, DIST HAVERI-581110.

4.      HAVERI RURAL POOLICE INSPECTOR
        HAVERI, TQ HAVERI, DIST HAVERI
        POLICE STATION, HAVERI,
        DIST: HAVERI-581110.
                                           ..... RESPONDENTS
(B Y SHRI V.S.KALASU RMATH, HCGP)
                             :2:



     THIS WR IT PET IT ION IS FILED UNDER ARTICLES 226
AND 227 OF T HE CONSTIT UTION OF INDIA PRAY ING THIS
COURT T O ISSUE A WR IT OF MAN DAMUS OR ANY OTHER
APPR OPRIAT E WR IT , ORDER OR DIRECTIONS, DIRECTING
THE RES PONDENTS NOT T O INS IST UPON TH E PET IT ION ER
TO OBT AIN THE LICENSE T O CARRY IN LAWFUL ACTIVIT IES
IN THE PERTA INING TO THE PET ITIONE R'S S HR I SAIRAM
RECREATION CLU B , BRANCH AT SHIGGAON, B RANCH AT:
AGADI EITH ER UNDER T HE L ICENSING AND CONTR OLLING
OF THE PLACES OF PUB LIC ENTERTAINMENT AMU SEMENT
ACT OR UNDER KARNATAKA POLICE ACT AND NOT TO
INTERFER E IN T HE PLAY OF SKILL DART GAMES LIKE,
CHESS, SNOOKER, RUMMY (NON GAMB LING) JACKPOT,
CARDS, CAROM, ETC. WHICH ARE THE GAMES OF SKILL.

     THIS   PET IT ION COMING   ON   FOR  PREL IMINARY
HEAR ING THIS DA Y, THE COURT MADE THE FOLLOWING:


                       : ORDER :

Learned High Court Government Pleader accepts

notice for respondents.

Heard learned counsel appearing for the

petitioner and learned High Court Government Pleader

agree that the prayer sought for in this writ petition

is, covered by the judgments of this Court rendered in

W.P.No.48473/2013, W.P.No.101814/2016,

W.P.No.105979/2018, W.P.No.148215/2020 and also

W.P.No.148703/2020.

Recording the said submission, this writ petition

is disposed of in the same terms as stipulated in

W.P.No.148703/2020, which reads as follows:

"(i) The petitioners 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 prior 15 days' period shall be made available by the petitioners to the police, as and when called upon to do so.

(ii) The petitioners 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 survelliance etc.

(iii) The petitioners 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 petitioners 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) of petitioner 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 petitioners 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 is contrary to any law and in violation of the settled practice, it is open to them to take action against petitioners 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 petitioners' premises.

(vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner-Club.

(viii)It is made clear that this order would not come in the way of the jurisdictional police taking action in accordance with law, if the member(s) of the petitioner-club are found to have indulged in any unlawful or immoral activities"

Writ petition is disposed of accordingly.

Sd/-

JUDGE EM