Citation : 2022 Latest Caselaw 1443 Kant
Judgement Date : 1 February, 2022
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.494 OF 2022(GM-POLICE)
BETWEEN:
GOLD SPORTS AND RECREATION ASSOCIATION,
MANAGI ROAD, GURLURU,
GULURU POST, GULURU HOBLI,
TUMAKUR DISTRICT - 572 188.
REPRESENTED BY SECRETARY.
... PETITIONER
(BY SRI. NAGESH H, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME,
VIDHANA SOUDHA, BENGALURU - 01.
2. INSPECTOR GENERAL OF POLICE,
D C OFFICE, MINI VIDHANA SOUDHA,
TUMAKURU - 572 101.
3. SUPERINDENT OF POLICE,
SP OFFICE ASHOK NAGAR,
B H ROAD, TUMKUR - 572 101.
4. THE DEPUTY COMMISSIONER OF POLICE,
M G ROAD, GUBBI TOWN,
TUMAKURU DISTRICT - 572 216.
5. THE INSPECTOR OF POLICE,
TUMAKURU RURAL POLICE STATION,
VIVEKANANDA ROAD, WARD NO.18,
TUMAKURU, TUMAKURU DISTRICT - 572 101.
... RESPONDENTS
(BY SRI. VINOD KUMAR, AGA)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST THE PETITIONER TO OBTAIN
LICENSE UNDER KARNATAKA POLICE ACT OR UNDER
LICENSING AND CONTROLLING OF PLACES OF PUBLIC
AMUSEMENT FOR PLAYING OF SKILL GAMES LIKE CHESS,
SNOOKER, CAROM, ELECTRONIC COIN GAMES, PENTASTIC-3,
THREE DIES BOWLING, (IS NEWLY KNOWN AS SKILLED
ELECTRONIC GAME) POKER, WALL GAME, SIX COLOUR GAMES,
RUMMY ETC., IN THE PREMISES OF THE PETITIONER
ASSOCIATION AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY THROUGH VIDEO CONFERENCE, THE COURT MADE
THE FOLLOWING:-
ORDER
The subject matter of this writ petition is substantially
similar to the one in W.P.No.4265/2021 (GM-POLICE)
between SOCIAL CLUB Vs. THE STATE OF KARNATAKA &
OTHERS, disposed off by a Co-ordinate Bench of this Court
on 01.03.2021.
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/
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