Karnataka High Court
Chowdeswari Recreation Association vs Superintendent Of Police on 19 December, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 27422 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 27422 OF 2023 (GM-RES)
BETWEEN:
CHOWDESWARI RECREATION ASSOCIATION
REGISTERED UNDER KARNATAKA SOCIETIES
REGISTRATION ACT,
BYLAKUPPE HALEURU,
HARANAHALLI HOBLI,
PIRIYAPATNA TALUK,
MYSORE DISTRICT - 571 104,
REPRESENTED BY ITS SECRETARY.
...PETITIONER
(BY SRI. SHRIKANTA SHARMA, ADVOCATE)
AND:
1. SUPERINTENDENT OF POLICE,
Digitally signed by MYSORE DISTRICT,
PADMAVATHI B K
Location: HIGH MYSORE - 571 301.
COURT OF
KARNATAKA
2. THE DEPUTY SUPERINTENDENT OF POLICE
HUNSUR,
MYSORE - 571 105.
3. THE CIRCLE INSPECTOR OF POLICE,
BYLAKUPPA CIRLCE,
PERIYAPATNA,
MYSORE - 571 107.
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WP No. 27422 of 2023
4. SUB INSPECTOR OF POLICE,
BYLAKUPPA,
MYSORE - 571 104.
5. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE - 560 001.
...RESPONDENTS
(BY SMT. NAVYA SHEKAR, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN LICENSE TO CARRY ON THE LAWFUL ACTIVITIES IN
THE PREMISES OF THE PETITIONERS ASSOCIATION EITHER
UNDER THE POLICE ACT OR UNDER THE PROVISION OF
LICENSING AND CONTROLLING OF PLACES OF PUBLIC
AMUSEMENT ORDER AND NOT TO INTERFERE IN CARRYING
OUT LAWFUL ACTIVITIES SUCH AS RUMMY CHESS VOLLEYBALL
KHO KHO KABBADI SNOOKER BILLIARDS CHESS CARROM AND
RECREATIONAL ACTIVITIES IN CONSONANCE WITH THE
BYELAW OF THE PETITIONER ASSOCIATION AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.Vinod Kumar.M, learned counsel appearing for
the petitioner and Sri.Manjunath K, learned High Court
Government Pleader appearing for the respondents.
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2. The petitioner is before this Court, seeking for the
following prayers:
a) Issue a direction to the respondents not to interfere
with running of the business in the name and style as
"No limits Global Desi and Bar, at Ground, First, second,
third and fourth floor at No.2052/b. Khatha
No.1034/2052/B, NDR Complex, B Sector, 3rd Phase,
Near Bindas Bar and restaurant, Yelahanka New Town,
Bangalore 560 064, providing hookah/smoking facility
and running the restaurant in accordance with law under
the guise of inspection, raids.
b) Further direct them not to insist upon the Petitioner to
obtain a separate license for serving hookah in the
schedule property.
c) To pass such other order or orders this Hon'ble Court
deems fit to grant in the circumstances of the case in the
interest of justice and equity.
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
SRI.SIRIGALLU LAKSHMIDEVI RECREATION CLUB (R) vs.
THE STATE OF KARNATAKA AND OTHERS1, the Co-ordinate
Bench has held as follows:
"The petitioner in this writ petition is
seeking direction to the respondents to declare that
the petitioner is not required to obtain any
permission or licence under the provisions of the
W.P.No.22854/2022 disposed on 25.11.2022
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Licensing and Controlling of Places of the Public
Amusement Order to Play Indoor Games such as
Rummy (Card Games), Chess, Carom,
Billiards/Snooker, Skilled games and other indoor
and outdoor games for the benefit of all its
members and sought for a mandamus directing the
respondents not to insist the petitioner to obtain
license from the provisions of Licensing and
Controlling of Places of the Public Amusement Order
with the Recreational Activities to be carried on by
the members of the petitioner association situated
at T.Megadahalli Grama, Talakadu Hobli,
T.Narasipura Taluk, Mysore District.
2. Brief facts leading to the filing of this writ
petition are that, petitioner is a recreation club
registered under the Karnataka Societies
Registration Act, 1960 with the Registrar of
Societies, Mysore vide registration
No.DRMY/SOR/22/2022-2023 dated 13/4/2022.
3. According to the petitioner after
registration, the petitioner approached the
respondent Nos.2 to 5 to permit recreational
activities i.e., indoor games such as Rummy (card
games), Chess, Carom, Billiards/Snooker, Skilled
games and other indoor and outdoor games to all
its members within the premises of its association.
However, the respondents have refused to permit
the petitioner to run the recreational activities
stating that they require licence to carry out the
activities under the provisions of Karnataka Police
Act and are creating unnecessary obstructions for
opening the recreation association and to run the
recreational activities by the petitioner/recreation
club to its members.
4. The State has not filed any objection to
the writ petition.
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5. Heard learned counsel for the petitioner,
Smt.Reshma K.T. and Sri K.S.Arun, learned High
Court Government Pleader for the respondents.
6. Learned counsel on both sides submit
that lis in the present petition is squarely covered by
the judgments of the Apex Court in the case of The
State of Andhra Pradesh Vs. K. Satyanarayana
and others reported in [AIR 1968 SC 825]
(Satyanarayana) and the Division Bench of this
Court in the case of Sanna Adike Belegarara
Recreation Association & others vs. State of
Karnataka & others [ILR 2000 Kar 4822],
(Sanna Adike Belegarara Recreation Association).
7. Having heard learned counsel for the
parties and perused the material on record as well
as the judgments stated supra, it is declared by the
Hon'ble Apex Court in the case of K.
Satyanarayana stated supra that the Rummy
requires certain amount of skill because the fall of
the cards has to be memorized and the building up
of Rummy requires considerable skill in holding and
discarding cards and it is mainly a game of skill and
at paragraph No.12 has held as under:
"12. We are also not satisfied that the protection of
Section 14 is not available in this case. The game of
Rummy is not a game entirely of chance like the
'three-card' game mentioned in the Madras case to
which we were referred. The 'three card' game
which goes under different names such as 'flush',
'brag' etc. is a game of pure chance. Rummy on the
other hand, requires certain amount of skill because
the fall of the cards has to be memorised and the
building up of Rummy requires considerable skill in
holding and discarding cards. We cannot, therefore,
say that the game of Rummy is a game of entire
chance. It is mainly and preponderantly a game of
skill. The chance in Rummy is of the same character
as the chance in a deal at a game of bridge. In fact
in all games in which cards are shuffled and dealt
out there is an element of chance because the
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distribution of the cards is not according to any set
pattern but is dependent upon how the cards find
their place in the shuffled pack. From this alone it
cannot be said that Rummy is a game of chance and
there is no skill involved in it. Of course, if there is
evidence of gambling in some other way or that the
owner of the house or the club is making a profit or
gain from the game of Rummy or any other game
played for stakes, the offence may be brought
home. In this case, these elements are missing and
therefore we think that the High Court was right in
accepting the reference as it did."
8. The Division Bench of this Court in the
case of Sanna Adike Belegarara Recreation
Association stated supra, has held as under:
"As far as the judgment in Rama Recreation
Associations case interpreting the definition under
Sections 2(14) and 2(15) of the Karnataka Police
Act is concerned, no exception can be taken to the
view expressed by the learned Judge. But as our
learned brother Justice Thakur has pointed out in
the reference order, there is every possibility of the
public gaining entry on payment of certain fee to
these societies registered ostensibly for the purpose
of running recreational clubs for members. The
Scope for misuse of the premises and infringement
of the objectives with which the societies are formed
cannot be ruled out. But, having regard to the clear
cut definitions under Sections 2(14) and 2(15) of
the Karnataka Police Act, the expression "Public"
therein cannot be reasonably construed to cover
members of the club or their genuine guests. The
hall-mark of a Member's Club or an Association of
members is that all the members have an equal
stake in it, their internal management vests with the
members and those who are in effective
management are agents or trustees of the
members. We therefore find no legal basis to doubt
the correctness of the view expressed in Rama
Recreation Association case. We also agree with the
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learned referring Judge that it is desirable to evolve
a regulatory mechanism to ensure that the societies
running the clubs do not transgress their limits and
indulge in objectionable activities. While separate
legislation may be necessary for this purpose, the
provisions in Karnataka Police Act and other allied
enactments and the provisions of Cr.P.C. could be
pressed in to service to check the unlawful activities
that may be indulged therein and to prevent public
nuisance. The authorities concerned can very well
verify whether the so-called Members' Club is only a
facade for public amusement and if there is enough
material in support of such conclusion, action as per
law can be taken. At the same time, it is made clear
that the police authorities concerned should not take
law into their own hands and harass even genuine
clubs carrying on bonafide activities by organising
frequent raids. While surveillance and checks cannot
be ruled out, the endeavour should be only to
ensure that unlawful activities amounting to
offences are not carried on in the guise of running
recreational clubs or associations. For instance, in
one of the Writ petitions, a stand has been taken by
the respondents that even playing the game of
Rummy amounts to gambling activity. We are
surprised that such a stand is taken even thirty
years after the decision of the Supreme Court. At
the same time, as observed by the Supreme Court
in that very decision (referred to supra), if there is
betting or some other form of gambling associated
with the Game or Rummy is allowed to be played in
the club as a source of making profit or gain by
certain individuals running the show, it might
perhaps cross the dividing line and fall in the
objectionable zone of gambling house. Ultimately,
we would like to stress that the authorities
concerned should not act with a presumption that
every society registered for the purpose of running
the club will be indulging in unlawful activities and
with the realisation that the power of surveillance
and raids is to be used in bona fide exercise of
powers to enforce the provisions of the Act, but not
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to harass genuine clubs carrying on lawful
activities."
9. The Co-ordinate Bench of this Court, in
the case of Rama Recreation Association vs.
Commissioner of Police [ILR 1993 Kar. 3357]
has also held as under:
"3. In a Club, there may be any diversion or game
but that by itself will not convert the place into the
place of public amusement. If, at such a place
music, singing, dancing or any diversion or game or
means of carrying on the same is provided to which
the public are admitted, only then it will be a place
of amusement. Similarly, regarding the place of
public entertainment there should be a provision to
admit the public, where food or drink is supplied for
consumption. A Club is a place to which only its
members are permitted to engage in any diversion
or recreational activities etc. The members of the
public are not entitled to demand any entrance
either freely or on payment of any sum. The entry
to the Club is restricted by the terms of the bye-
laws and it is a well-known fact that it is always
restricted to its members. Therefore, such an
Association as that of the petitioner, cannot be
compelled to obtain a licence under the Licensing
Order. Consequently, respondents are directed not
to interfere with the lawful activities of the
petitioner-Association. However, it is open to the
police to verify and find out the nature of the
activities, so that the Club premises may not be
used for any illegal activities."
(emphasis supplied)
10. In light of the catena of judgments
stated supra and in view of sub-clause (14) and
(15) of Section 2 of the Karnataka Police Act, 1963
where the licencing of any place of the said order is
required only when it is a place of public amusement
or it is public entertainment.
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11. In the present case, the club is an
association for providing recreational activities to its
members and the members of the public are not
entitled to demand any entrance either freely or on
payment of any sum and the entry is restricted as
per the terms of the byelaws to its members only.
Therefore, in light of the settled proposition of law
that it is not necessary to obtain any permission or
licence for the purpose of carrying on recreational
activities by any club or association as observed in
the judgments stated supra, the respondent police
authorities insisting upon the petitioner to get
licence under the provisions of the Karnataka Police
Act, is arbitrary and unreasonable and calls for
interference. The authorities concerned should not
act with a presumption that every society or
association or club registered for the purpose of
running the club will be indulging in unlawful
activities and with the realization that the power of
surveillance and raids is to be used in bona fide
exercise of powers to enforce the provisions of the
Act, however, it is open for the respondent-police
authorities to verify and find out the nature of the
activities, if need arises, so that the club premises
may not be used for any illegal activities.
Consequently, the respondents are directed not to
interfere with the lawful activities of the petitioner's
association.
12. With the aforesaid observation, the writ
petition stands disposed of."
In the light of the issue standing covered by the
judgments rendered by the Co-ordinate Benches and the facts
being undisputed, the petition stands disposed on the same
terms.
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5. The aforesaid direction would not mean that the
petitioner would not obtain requisite permission/licence from
the hands of the Bruhat Bengaluru Mahanagara Palike for use
of hookah.
Sd/-
JUDGE
BNV
CT:SNN
