Shree Raghavendra Wlefare vs State Of Karnataka
2021 Latest Caselaw 5020 Kant

                           1

   IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 29TH DAY OF NOVEMBER, 2021

                       BEFORE

        THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.19319 OF 2021(GM-POLICE)

BETWEEN:

SHREE RAGHAVENDRA WELFARE
AND RECREATION ASSOCIATION,
S L V NILAYA, NO.148,
5TH MAIN, 80 FEET MAIN ROAD,
7TH SECTOR, HSR LAYOUT,
BANGALORE - 560 102.
REPRESENTED BY ITS PRESIDENT
BABU A,
AGED ABOUT 49 YEARS.
                                           ... PETITIONER
(BY SRI. SHARATH KUMAR SHETTY, ADVOCATE)

AND:

1. STATE OF KARNATAKA,
   REPRESENTED BY ITS SECRETARY,
   HOME DEPARTMENT,
   VIDHANA SOUDHA,
   BANGALORE - 560 001.

2. THE COMMISSIONER OF POLICE,
   BANGALORE - 560 001.

3. THE DEPUTY COMMISSIONER OF
   POLICE, KORAMANAGALA,
   BANGALORE - 560 034.

4. THE ASSISTANT COMMISSIONER
   OF POLICE, ADUGODI,
   BANGALORE - 560 027.

5. THE INSPECTOR OF POLICE,
   HSR LAYOUT POLICE STATION,
                               2

  BANGALORE - 560 102.

6. THE ASSISTANT COMMISSIONER POLICE,
   THE CITY CRIME BRANCH,
   N T PET, BANGALORE - 560 002.
                                            ... RESPONDENTS
(BY SRI. B S JEEVAN KUMAR, ADVOCATE)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN THE LICENSE TO CARRY IN LAWFUL ACTIVITIES IN THE
PREMISES OF THE PETITIONERS ASSOCIATION EITHER UNDER
THE LICENSING AND CONTROLLING OF THE KARNATAKA
POLICE ACT AND NOT TO INTERFERE IN THE PLAY OF SKILL
FANTASTIC -3, SIX COLOR GAME, CHESS, SNOOKER, RUMMY,
POKER, ELECTRONIC COIN GAMES, CAROM, BILLLIARDS ETC.,
WHICH ARE THE GAMES OF SKILL.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
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.3286/2020 (GM-POLICE)

between SNEHA BALAGA RECREATION CLUB (R) vs. THE

SUPERRINTENDENT OF POLICE & OTHERS, disposed off by

a Coordinate Bench of this Court on 20.02.2020.

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/