Karnataka High Court
General Sports And Cultural Trust vs The Secretary on 12 December, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2023:KHC:45033
WP No. 26603 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 26603 OF 2023 (GM-POLICE)
BETWEEN:
GENERAL SPORTS AND CULTURAL TRUST,
REGISTERED OFFICE AT
KORA, TUMAKURU TALUK,
TUMAKURU DISTRICT - 572 128.
IT IS A TRUST REGISTERED UNDER THE INDIAN
TRUST ACT AND
REPRESENTED BY PRESIDENT,
SRI. PRAKASH,
S/O SRI. SANJEEVAIAH,
AGED ABOUT 57 YEARS,
R/O KORA, TUMAKURU TALUK,
TUMAKURU DISTRICT - 572 128.
...PETITIONER
Digitally signed by
PADMAVATHI B K (BY SRI. VEERAYYA HIREMATH, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. THE SECRETARY,
DEPARTMENT OF HOME,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE SUPERINTENDENT OF POLICE,
TUMKUR DISTRICT,
TUMKUR - 572 101.
-2-
NC: 2023:KHC:45033
WP No. 26603 of 2023
3. THE DEPUTY SUPERINTENDENT OF POLICE,
SIRA,
TUMKUR - 572 137.
4. THE CIRCLE INSPECTOR,
TUMAKURU RURAL,
TUMKUR DISTRICT - 572 129.
5. THE SUB INSPECTOR,
KORA POLICE STATION,
TUMKUR TALUK AND DISTIRCT - 572 128.
...RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INTERFERE IN THE SPORTS, CULTURAL
AND SKILL ORIENTED GAMES AND INDOOR AND OUTDOOR
GAMES LIKE CHESS, CAROM, BASKET BALL, SNOOKER AND
SKILL GAMES LIKE CHESS, CAROM, BASKET BALL, SNOOKER
AND SKILL GAMES LIKE JACKPOT AND RUMMY AS HELD BY
THIS COURT IN VARIOUS WPS BY ISSUED OF WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION
AS THE CASE MAY BE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
-3-
NC: 2023:KHC:45033
WP No. 26603 of 2023
ORDER
Heard Sri. Veerayya Hiremath, learned counsel appearing
for the petitioner and Sri. Kiran Kumar, the learned HCGP
appearing for the respondents.
2. The petitioner is before this Court, seeking for the
following prayers:
"(i) To direct the Respondents not to interfere in the
Sports cultural and skill oriented GAmes and
Indoor and Outdoor Games like chess, carom,
Basket Ball, Snooker & Skill games like Jackpot &
rummy as held by this Court in various Writ
Petitions by issue of writ in the nature of
mandamus or any other writ or direction as the
case may be:
(ii) Grant such other relief or reliefs as this Hon'ble
court deems fit in the circumstances of the case,
in the interest of justice."
3. The learned counsel appearing for the petitioner
would submit that the issue in the lis stands covered by the
judgment rendered by the Co-ordinate Bench in the case of
M/S NAVARANG ASSOCIATION Vs. THE STATE OF
KARNATAKA1, the Co-ordinate Bench has held as follows:
"Learned Government Advocate to accept notice
for respondents No.1 to 7 and file memo of appearance
in four weeks.
W.P.No.38068/2015 disposed on 09.09.2015
NC: 2023:KHC:45033
2. The petitioner is before this Court seeking for issue
of mandamus or any other appropriate writ in the
manner as has been sought in the petition. The issue
which has been raised in the instant petition has already
been considered by this Court in W.P.No.30071/2014
dated 15-10-2014 (between The Media N. Members Club
vs. State of Karnataka and Others) wherein the petition
was disposed of with the following directions:-
"(i) The petitioner shall install within a period
of six weeks, CC TV cameras, at all the
places of access to its members and also at
all the places, wherein games(s) is / are
played by the members. The CC TV footage
of at least prior 15 days' period shall be
made available by the petitioner, to the
police, as and when called upon to do so.
(ii) The petitioner shall issue identity card(s)
to all its member(s), which shall be produced
by the member(s), when called upon by the
police, during the raid(s) and surveillances
etc.
(iii) The petitioner shall not allow any non-
member(s) or the guest(s) of the member(s),
to make use of its premises for the purpose
of playing any kind of game(s) or recreational
activities.
(iv) The petitioner shall not permit any
activity by any of its member(s), by indulging
in acts of amusement, falling within the
definition of Ss.2(14) & 2(15) of the Act and
shall not permit any game(s) of chance as
per Explanation (II) of Sub- section (7) of
Section 2 of Karnataka Police Act, 1963. The
member(s) shall not be allowed to play any
kind of game(s) with stakes or make any
profit or gain out of the game(s) played.
(v) The petitioner shall put proper
mechanism in place and shall ensure that no
game(s) is played in any unlawful manner by
the member(s). If the police find that
game(s) played is contrary to any law and in
NC: 2023:KHC:45033
violation of the settled practice, it is open to
them to take action against petitioner and
the offenders, in accordance with law.
(vi) The jurisdictional police shall have liberty
to visit premises periodically and/or on
receipt of any information about any unlawful
activity being carried on in the petitioner's
premises.
(vii) The respondents are directed not to
interfere with the lawful recreational activities
carried on by the members of the petitioner -
Club / Association.
(viii) It is made clear that this order would
not come in the way of the jurisdictional
police invoking the provisions of the Act and
taking action in accordance with law, if the
member(s) of the petitioner are found to
have indulged in any unlawful or immoral
activities."
This writ petition is also disposed of in the
aforesaid terms."
4. In the light of the issue standing covered by
judgment rendered by the Co-ordinate Bench and the facts
being undisputed, the petition stands disposed on the same
terms.
Sd/-
JUDGE
SJK
CT:SNN
