Karnataka High Court
Youth Celebrity Recreation Sports ... vs The State Of Karnataka And Ors on 18 December, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2023:KHC-K:9267
WP No. 203390 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 203390 OF 2023 (GM-POLICE)
BETWEEN:
YOUTH CELEBRITY RECREATION SPORTS
MATTU CULTURALS ASSOCIATION, RAICHUR
BY ITS GENERAL SECRETARY
G SUDHAKAR REDDY
S/O G.G.CHANDRASHEKAR REDDY,
AGE: 46 YEARS, OCC: GENERAL SECRETARY,
R/O PLOT NO.38, MUNICIPAL NO.13-6-48/38,
WARD NO.33, AMARKHED LAYOUT,
YARAMARAS, TQ & DIST: RAICHUR-584 134.
...PETITIONER
(BY SRI. SANDEEP VIJAYA KUMAR, ADV.
FOR SRI. SHARANAGOWDA V. PATIL, ADVOCATE)
Digitally signed
by SACHIN
AND:
Location: HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT,
DR. B. R. AMBEDKAR VEEDHI,
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER,
RAICHUR DISTRICT,
RAICHUR-584 102.
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WP No. 203390 of 2023
3. THE SUPERINTENDENT OF POLICE,
RAICHUR, DISTRICT RAICHUR-584 102.
4. THE DEPUTY SUPERINTENDENT OF POLICE,
RAICHUR, DISTRICT RAICHUR-584 102.
5. THE CIRCLE INSPECTOR OF POLICE,
RAICHUR RURAL POLICE STATION,
DISTRICT RAICHUR-584 102.
6. THE SUB-INSPECTOR OF POLICE,
RAICHUR RURAL POLICE STATION,
DIST: RAICHUR-584 102.
...RESPONDENTS
(BY SRI. SHIVAKUMAR R. TENGALI, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS NOT TO INSIST AND NOT TO INTERFERE WITH
THE RIGHT OF THE PETITIONER ASSOCIATIONS TO PROVIDE
INDOOR AND OUTDOOR RECREATIONAL ACTIVITIES
INCLUDING PERMITTING THE MEMBERS OF THE PETITIONER
TO PLAY 13 CARDS RUMMY AND OTHER RECREATION
ACTIVITIES IN THEIR PREMISES AT YOUTH CELEBRITY
RECREATION SPORTS MATTU CULTURAL ASSOCIATION, AT
PLOT NO.38, MUNICIPAL NO.13-6-48/38, WARD NO.33,
AMARKHED LAYOUT, YARAMARAS, RAICHUR IN ACCORDANCE
WITH THE GUIDELINES ISSUED BY THE HON'BLE COURT IN WA
NO.200290/2015 DATED 27-06-2016 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for petitioner and learned
Additional Government Advocate accepts notice for
respondents/State.
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2. Petitioner is a registered Society having
registered under the Karnataka Societies Registration Act
on 17.11.2023, has rushed to this Court seeking
mandamus for a direction to respondents not to interfere
with their lawful activities conducted in the petitioner's
association.
3. It is the contention of the petitioner that they
are running a club activity in the association which is a
cultural and recreational activities for amusement by
obtaining the regular licences for those activities, which
call for licence and have not violated any of the rules,
regulations and guidelines stipulated under the statue or
under any other act in force. This being the state of
affairs, it is the contention that respondents are interfering
with the recreational association of the club insisting the
petitioner to obtain licence for those activities which does
not call for obtaining licence. Hence, petitioner is before
this Court.
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4. This Court in similar matters has disposed of
several writ petitions by framing certain guidelines and
rules. The one such writ petition is W.P.No.203016/2022
dated 23.11.2022, wherein certain guidelines have been
laid. This petition also deserves similar order. Accordingly,
this petition is disposed of with following conditions :-
(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 game(s) is/are played by the
members. The CC TV footage of atleast 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 surveillance
etc.
iii) "The petitioner shall not permit any activity
by any of its member(s), by indulging in acts
of amusement, falling within the definition of
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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,
*except games of skills.* [Incorporated vide
judgment dated 27.6.2016 in
W.A.No.200290/2015].
iv) 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 violation
of the settled practice, it is open to them to
take action against petitioner and the
offenders, in accordance with law.
v) 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.
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vi) The respondents are directed not to interfere
with the lawful recreational activities carried
on by the members of the petitioner - Club /
Association.
vii) 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.
Sd/-
JUDGE
SN
