Karnataka High Court
Sai Sports And Cultural Trust vs The State Of Karnataka on 4 December, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2023:KHC:43759
WP No. 25280 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 25280 OF 2023 (GM-POLICE)
BETWEEN:
SAI SPORTS AND CULTURAL TRUST
SITAUTED AT K B CROSS
KIBBANAHALLI HOBLI
TIPTUR TALUK
TUMAKURU DISTRICT - 572114
IT IS A TRUST REGISTERED UNDER
THE INDIAN TRUST ACT AND REP BY ITS PRESIDENT
SRI SHVIAKUMAR
S/O SRI SANGAPPA GOWDA
AGED ABOUT 41 YEARS
R/O NO 133, 38TH CROSS
ROSE GARDEN
JP NAGAR 6TH PHASE
BENGALURU - 560078
Digitally signed by
PADMAVATHI B K
...PETITIONER
Location: HIGH
COURT OF (BY SRI. JNANESH KUMAR K., ADVOCATE)
KARNATAKA
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
DEPARTMENT OF HOME
VIDHANA SOUDHA
BENGALURU - 01
2. THE SUPERINTENDENT OF POLICE
B H ROAD, ASHOKA NAGAR
TUMAKURU CITY - 572103
-2-
NC: 2023:KHC:43759
WP No. 25280 of 2023
3. THE DEPUTY SUPERINTENDENT OF POLICE
TUMAKURU DISTRICT
TUMAKURU - 572101
4. THE CRICLE INSPECTOR OF POLICE
TITPUR CIRCLE
TIPTUR - 572201
5. THE SUB INSEPCTOR OF POLICE
TIPTUR TOWN POLICE STATION
TIPTUR - 572201
6. THE SUB INSEPCTOR OF POLICE
TIPTUR RURAL POLICE STATION
TIPTUR - 572201
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENTS NOT TO INTERFERE WITH THE BUSINESS
CARRIED ON BY THE PETITIONER I.E. MARUTHI SPORTS AND
CULTURAL TRUST FOR PLAYING INDOOR GAMES SUCH AS
CHESS, UNO CARDS, LUDO DART BOARD, CAROM BOARD,
SNOOKER AND SKILL GAME LIKE RUMMY, ETC IN A LEASED
PREMISES SITUATED AT K.B. CROSS, KIBBANAHALLI HOBLI,
TIPTUR TALUK, TUMAKUR DISTRICT.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Jnanesh Kumar K., learned counsel appearing
for the petitioner and Sri. Manjunath K., learned HCGP
appearing for the respondents.
NC: 2023:KHC:43759
2. The petitioner is before this Court, seeking for the
following prayer:
"1) Issue a writ of mandamus, directing the
Respondents not to interfere with the business
carried on by the Petitioner i.e., 'Maruthi Sports
and Cultural Trust' for playing indoor games such
as Chess, Uno Cards, Ludo Dart Board, Carom
Board, Snooker and Skill game like Rummy, etc.,
in a leased premises situated at K.B. Cross,
Kibbarahalli Gobli, Tiptur Taluk, Tumakur District.
2) Grant such other and further relief as this Hon'ble
Court deems fit under the facts and 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
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
NC: 2023:KHC:43759
"(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
activity being carried on in the petitioner's
premises.
NC: 2023:KHC:43759
(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
KG
