Citation : 2022 Latest Caselaw 8748 Kant
Judgement Date : 14 June, 2022
1 R.P.No.200129/2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
REVIEW PETITION No.200129/2019 IN
WRIT PETITION NO.205030/2019 (GM-POLICE)
BETWEEN:
SIDDARTHA SPORTS AND CULTURAL
RECREATION ASSOCIATION
PANCHAYAT NO.122,
BEHIND VEERESHAPPA COMPLEX,
NILOGAL CROSS, NILOGAL VILLAGE,
TQ: LINGASUGUR, DIST: RAICHUR-584115.
REP. BY ITS SECRETARY,
BASAVARAJ S/O SIDDALINGAPPA,
AGE: 28 YEARS, OCC: BUSINESS,
R/O: CHAGABHAVI VILLAGE,
TQ: MANVI, DIST: RAICHUR.
... PETITIONER
(BY SRI. MAHADEV S. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH HOME DEPARTMENT
BANGALURU-560052,
REPT. BY HOME SECRETARY.
2. THE SUPERINTENDENT OF POLICE,
RAICHUR-584101.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
LINGASUGUR-584122.
2 R.P.No.200129/2019
4. THE CIRCLE INSPECTOR OF POLICE,
LINGASUGUR-584122.
5. THE SUB-INSPECTOR OF POLICE,
HUTTI-584115.
... RESPONDENTS
(BY SRI.SHARANABASAPPA. M.PATIL, HCGP)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1
R/W SECTION 114 OF CIVIL PROCEDURE CODE, PRAYING TO
ALLOW THIS REVIEW PETITION BY DELETING THE CONDITION
NO.3 & 4 IN THE ORDER PASSED IN W.P.NO.205030/2019 DATED
21.11.2019 AND MODIFY THE ORDER TO EXTENT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the review petitioner
and the learned HCGP appearing for the respondents.
2. The instant review petition is filed with a prayer
to review the order passed by this court in
W.P.No.205030/2019 (GM-POLICE) disposed of on 21 st
November 2019 by deleting conditions Nos.3 and 4 in
the said order.
3. Learned counsel for the petitioner submits that
similar conditions, which are sought to be deleted in this
review petition, were imposed in W.P.No.207054/2014
disposed of on 15th December 2014 and in the appeal
filed against the said order in Writ Appeal
No.200290/2015 disposed of on 27th June 2016, the
condition no.3 was deleted and subsequently in the
review petition filed as against the order passed in
W.A.No.200290/2015, the last sentence in condition
No.4 insofar as it relates to "playing any kind of game
with stakes or otherwise except games of skills" was
also deleted. He, therefore, requests to modify the
order passed by this court in W.P.No.205030/2019 in
the light of the orders passed by the Division Bench of
this court in W.A.No.200290/2015 and Review Petition
No.200029/2016.
4. Learned HCGP appearing on behalf of the
respondents after going through the judgments passed
by the Division Bench of this court in
W.A.No.200290/2015 and also in Review Petition
No.200029/2016 submits that the conditions imposed by
this court while disposing of W.P.No.205030/2019 could
be deleted or modified in terms of the order passed by
the Division Bench of this court in W.A.No.200290/2015
and also in Review Petition No.200029/2016.
5. Considering the submissions made on both sides
and also taking into consideration the orders passed by
the Division Bench of this court in W.A.No.200290/2015
and also in Review Petition No.200029/2016, the
following order is passed:
The Review Petition is allowed. The condition No.3
imposed by this court while disposing of
W.P.No.205030/2019 vide order dated 21.11.2019 is
deleted. Further, the last sentence in the condition No.4
insofar as it relates to "the members not being allowed
to play any kind of game with stakes or make any profit
or gain out of the game played", also stands deleted.
All other conditions imposed by this court in
W.P.No.205030/2019 vide order dated 21.11.2019
remain unaltered.
Sd/-
JUDGE
KNM/-
CT-SMP
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