Karnataka High Court
B S Sports And Recreations Club (R) vs The State Of Karnataka on 17 August, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:29132
WP No. 15877 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 15877 OF 2023 (GM-POLICE)
BETWEEN:
B S SPORTS AND RECREATIONS CLUB (R),
REP BY ITS SECRETARY
K N BASAVARAJDHYA
AGED ABOUT 71 YEARS,
S/O K S N ARDHYA,
KATHA NO 93/28, FIRST FLOOR,
NEAR RING ROAD, BOGADI,
ANANDA NAGARA, CHAMARAJA MOHALLA,
MYSURU TALUK - 570 023.
MYSURU DISTRICT.
REGISTERED UNDER KARNATAKA
SOCITIES REGISTRATION ACT, 1960.
...PETITIONER
Digitally (BY SRI. B S NAGARAJ.,ADVOCATE)
signed by
SHARADA AND:
VANI B
Location: 1. THE STATE OF KARNATAKA
HIGH COURT REP BY ITS PRINCIPAL SECRETARY,
OF
KARNATAKA DEPARTMENT OF HOME AFFAIRS,
VIDHANA SOUDHA,
DR B R AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE COMMISSIONER OF POLICE,
MYSURU CITY, MYSURU - 570 001.
3. THE DEPUTY COMMISSIONER OF POLICE - 1,
MYSURU CITY, MYSURU - 570 001.
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WP No. 15877 of 2023
4. THE ASSISTANT COMMISSIONER OF POLICE,
HEBBAL POLICE STATION BUILDING,
HEBBAL MYSURU - 570 028.
5. THE INSPECTOR OF POLICE,
SARASWATHI PURAM POLICE STATION,
MYSURU - 570 016.
...RESPONDENTS
(BY SMT.NAVYA SHEKHAR., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECTING THE RESPONDENT NOT TO INSIST THE
PETITIONER TO OBTAIN LICENSE UNDER TH KARNATAKA
POLICE ACT UNDER LICENSING AND CONTROLLING OF PUBLIC
AMUSEMENT FOR PLAYING OF SKILL GAMES LIKE CHESS DART
GAMES SNOOKER CAROM ELECTRONIC COIN GAMES POKER
WALL GAME VIDEO GAMES RUMMY ETC IN THE PREMISES OF
THE PETITIONERS ASSOCIATION.
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.37935/2015
(GM-POLIC) between SRI SAI SPORTS AND RECREATION
ASSOCIATION, (REG) vs. THE STATE OF KARNATAKA &
OTHERS, disposed off by a Coordinate Bench of this Court
on 08.09.2015.
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WP No. 15877 of 2023
2. Learned AGA is more than justified in
submitting that in addition to conditions stipulated in the
cognate judgment, the Petitioner in the guise of running
the said business shall not commit any offence or
untoward incidence; 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 of 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 a similarly
circumstanced litigant 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; with liberty to the
Respondent - Police to take action in the event any of the
conditions are violated.
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WP No. 15877 of 2023
All contentions are kept open.
Costs made easy.
Sd/-
JUDGE
Bsv
