Citation : 2022 Latest Caselaw 1465 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. 1680 OF 2022(GM-POLICE)
BETWEEN:
FRIENDS SPORTS AND RECREATION CLUB,
DHANALAKSHMI COMPLEX,
AGRAHARA GATE,
HOLENARASIPURA TALUK,
HASSAN DISTRICT - 573 211.
REPRESENTED BY ITS SECRETARY,
SRI. K P KRISHNE GOWDA.
...PETITIONER
(BY SRI. NAGARAJA REDDY D, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
DR.B R AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE DEPUTY SUPERINTENDENT OF POLICE,
HOLENARASIPURA TOWN,
HASSAN - 573 211.
3. THE INSPECTOR OF POLICE,
HOLENARASIPURA TOWN,
HASSAN - 573 211.
... 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
LAWFUL RECREATIONAL ACTIVITIES CARRIED BY THE
MEMBERS OF THE PETITIONER CLUB AND INSIST UPON THE
PETITIONER TO OBTAIN LICENSE FOR PLAYING SKILL
GAMES LIKE CHESS, DART GAMES, RUMMY AND CAROM
ETC., EITHER UNDER THE KARNATAKA POLICE ACT OR
2
UNDER LICENSING AND CONTROLLING OF THE PLACE OF
PUBLIC AMUSEMENT ORDER.
THIS PETITION COMING ON FOR ORDERS 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 Coordinate
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
Bsv
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