Karnataka High Court
M/S Ranjana Ranga (R) vs State Of Karnataka on 20 December, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:46595
WP No. 26498 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 26498 OF 2023 (GM-POLICE)
BETWEEN:
M/S. RANJANA RANGA (R),
NO. C.A. 19, NHB COLONY,
HOOTAGALLI, MYSORE - 570 018.
ALSO KNOW AS
RANJANA RANGA SPORTS
CULTURAL RECREATION CENTRE,
REPRESENTED BY ITS PRESIDENT,
MR. VIJAY KUMAR,
S/O LATE MANCHE GOWDA,
AGED ABOUT 54 YEARS,
PETITIONER IS REGISTERED UNDER
Digitally signed by KARNATAKA SOCIETIES
PADMAVATHI B K REGISTRATION ACT, 1960.
Location: HIGH
COURT OF
KARNATAKA ...PETITIONER
(BY SRI. P.P. HEGDE, SENIOR ADVOCATE ALONG WITH
SMT. VINITHA P.C, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF HOME AFFAIRS,
M.S. BUILDING,
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NC: 2023:KHC:46595
WP No. 26498 of 2023
DR. B.R. AMBEDKAR ROAD,
BANGALORE - 560 001.
2. THE POLICE COMMISSIONER,
MYSURU CITY, MYSURU - 570 001.
3. VIJAYANAGARA POLICE STATION,
VIJAYANAGARA SUB DIVISION,
MYSURU CITY - 570 017,
REPRESENTED BY
STATION HOUSE OFFICER.
...RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO i) DIRECTING R2
AND 3 NOT TO INTERFERE WITH THE SPORTS AND CULTURAL
ACTIVITIES OF THE PETITIONER AND PERMIT THE PETITIONER
TO RUN THE RECREATION CENTER LIKE EARLIER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. P.P. Hegde, learned Senior counsel along with
Smt. Vinitha P.C., learned counsel appearing for the petitioner
and Sri. Kiran Kumar, learned HCGP appearing for the
respondents.
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2. The petitioner is before this Court, seeking for the
following prayer:
"i. Issue a writ of Mandamus directing respondent no
2 and 3 not to interfere with the sports and
cultural activities of the petitioner and permit the
petitioner to run the recreation centre like earlier.
ii. Issue a writ of Mandamus directing respondent
No.3 to consider Annexure E the representation
dated 10.10.2023 given by the petitioner and also
Annexure F the representation dated 11.10.2023
given by the petitioner to 2nd Respondent as
expeditiously.
iii. Issue any writ order or direction as this Hon'ble
court deems fit in the circumstances of the case."
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.
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:-
W.P.No.38068/2015 disposed on 09.09.2015
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"(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
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
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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. Learned Senior counsel submits that reason for
closing down the club was registration of a crime in crime
No.165/2023. The learned Senior counsel would also submit
that the same is challenged before this Court in
Crl.P.No.13105/2023 and this Court has granted an interim
order of stay of further investigation into the crime.
5. In the light of the interim order so granted, the
petitioner becomes entitled to the relief that is sought for in the
petition.
6. For the aforesaid reasons, the following:
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ORDER
I. Writ petition is allowed.
II. The prayer that is sought for by the petitioner
stands granted which would however remain
subject to further proceedings in
Crl.P.No.13105/2023.
Sd/-
JUDGE
JY
CT: BHK
