Karnataka High Court
M/S Nolimmits Global Desi And Bar vs The State Of Karnataka on 19 December, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:46354
WP No. 27436 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. 27436 OF 2023 (GM-POLICE)
BETWEEN:
M/S NOLIMMITS GLOBAL DESI AND BAR
A UNIT OF SAKET ENTERPRISES
A PROPRIETORY CONCERN
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,
REPRESENTED BY ITS PROPRIETOR,
SHANKAR SRINIVAS
S/O SRINIVAS,
Digitally signed
by PADMAVATHI AGED ABOUT 52 YEARS.
BK ...PETITIONER
Location: HIGH
COURT OF (BY SRI. VINOD KUMAR M., ADVOCATE)
KARNATAKA
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY ,
HOME DEPARTMENT,
M.S. BUILDING,
BANGALORE - 560 001.
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WP No. 27436 of 2023
2. THE POLICE COMMISSIONER,
INFANTRY ROAD,
BANGALORE - 560 001.
3. THE ASSISTANT COMMISSIONER OF POLICE,
YELAHANKA NEW TOWN POLICE STATION,
YELAHANKA,
BANGALORE - 560 064.
4. CIRCLE INSPECTOR OF POLICE,
YELAHANKA POLICE STATION,
YELAHANKA,
BANGALORE - 560 064.
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT 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, 2ND, 3RD AND 4TH FLOOR
AT NO. 2052/b KHATHA NO. 1034/2052/B, NDR COMPLEX, B
SEC, 3RD PHASE, NEAR BINDAS BAR AND RESTAURANT,
YELAHANKA NEW TOWN, BANGALORE 560064, PROVIDING
HOOKAHH/ SMOKING FACILITY AND RUNNING THE
RESTAURANT IN ACCORDANCE WITH LAW UNDER THE GUISE
OF INSPECTION, RAIDS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 27436 of 2023
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.
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
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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.
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
W.P.No.38068/2015 disposed on 09.09.2015
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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
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."
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.
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4. 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.
Ordered accordingly.
Sd/-
JUDGE
BNV
CT:SNN
