Raghavendra Recreation Club (R) vs State Of Karnataka
2022 Latest Caselaw 451 Kant

                             1

  IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 11TH DAY OF JANUARY, 2022

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.307 OF 2022 (GM-POLICE)
BETWEEN:

RAGHAVENDRA RECREATION CLUB (R),
APEKSHA COMPLEX,
MULLIKATTE, HOISADU VILLAGE,
KUNDAPURA TALUK,
UDUPI DISTRICT-576 247.
REP BY ITS SECRETARY
SRI RITHESH PAI
S/O BHASKAR PAI
AGED ABOUT 33 YEARS
                                         ...PETITIONER
(BY SRI. JAYANTHA POOJARY, ADVOCATE)

AND:

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

2. DIRECTOR GENERAL AND INSPECTOR,
   GENERAL OF POLICE,
   STATE OF KARNATAKA,
   NRUPATHUNGA ROAD,
   BANGLAORE-560 001.

3. SUPERINTENDENT OF POLICE,
   UDUPI, UDUPI DISTRICT-576 101.

4. STATION HOUSE OFFICER
   GANGOLLI POLICE STATION,
   KOLLUR KUNDAPUR ROAD
   NEAR SHRI MOOKAMBIKA TEMPLE
   KUNDAPUR TALUK, KOLLUR,
   KARNATAKA-576 220.
                                       ... RESPONDENTS
(BY SRI. VINOD KUMAR, AGA)
                                 2

      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
THE PETITIONER IS NOT REQUIRED TO OBTAIN ANY
PERMISSION OR LICENSE UNDER THE PROVISIONS OF
LICENSING AND CONTROLLING OF PLACES OF THE PUBLIC
AMUSEMENT ORDER TO PLAY INDOOR GAMES SUCH AS
RUMMY       (CARD       GAME),      CHESS,     CAROM,
BILLIARDS/SNOOKER, SKILLED GAMES AND OTHER INDOOR
AND OUTDOOR GAMES FOR THE BENEFIT OF ITS MEMBERS
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.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 & Omicron 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