Karnataka High Court
M/S. Nandi Sports And Cultural ... vs State Of Karnataka on 2 January, 2023
Bench: M.Nagaprasanna
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WP No. 25672 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 25672 OF 2022 (GM-POLICE)
BETWEEN:
1. M/S. NANDI SPORTS & CULTURAL ASSOCIATION,
REGD. UNDER KSR ACT 1960,
R/AT 32, 3rd BLOCK, 2nd STAGE,
NAGARABHAVI,
BANGALORE - 72.
REPRESENTED BY ITS SECRETARY
M.K.SHIVAKUMAR,
REG NO. DRB1/SOR/443/2018-19.
...PETITIONER
(BY SRI. ARNAV A BAGALWADI., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
Digitally BY ITS UNDER SECRETARY,
signed by
PADMAVATHI LAW AND ORDER DEPARTMENT,
BK VIDHANA SOUDHA,
Location:
HIGH COURT BANGALORE - 560 001.
OF
KARNATAKA
2. THE COMMISSIONER OF POLICE,
BANGALORE CITY,
NO.1, INFANTRY ROAD,
BANGALORE - 560 001.
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WP No. 25672 of 2022
3. INSPECTOR OF POLICE,
10th BLOCK, 2nd STAGE,
NAGARABHAVI,
BANGALORE - 560 072.
4. DEPUTY INSPECTOR GENERAL (CCB),
COTTONPET MAIN ROAD,
CHICKPET,
BANGALORE - 560 053.
5. DEPUTY COMMISSIONER OF POLICE (CCB),
COTTONPET MAIN ROAD,
CHICKPET,
BANGALORE - 560 053.
...RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS AUTHORITIES TO REFRAIN FROM INTERFERING
WITH THE DAY TO DAY ACTIVITIES OF THE PETITIONER AND
FROM CAUSING DISTURBANCE AND OBSTRUCTION FROM THE
SMOOTH RUNNING OF THE WORKS OF TO SECURE THE ENDS
OF JUSTICE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 25672 of 2022
ORDER
Heard Sri. Arnav A. Bagalwadi, learned counsel appearing
for the petitioner and Sri. Vinod Kumar M., learned AGA
appearing for the respondents.
2. The petitioner is before this Court, seeking for the
following prayer:
"i. Issue appropriate writ or order or direction
in the nature of mandamus directing the respondents
authorities to refrain from interferring with the day to
day activities of the petitioner and from causing
disturbance and obstruction from the smooth running of
the works of to secure the ends of justice.
ii. Issue appropriate writ or order or direction
in the nature of mandamus directing the Respondent not
to interfere in the law recreational activities of playing
skill games such as chess, carom, dart game, wall coin
game, six colour games, rummy, table tennis
billiards/snooker, cards club.
iii. Issue appropriate writ or order or direction
in the nature of mandamus directing the Respondent not
to insist on the petitioners from obtaining license to play
games of skill either under of the Karnataka Police Act or
under licensing and controlling of the place of public
amusement.
iv. Issue such other writ, order or direction as
this Hon'ble Court may deem fit in the facts and
circumstances of the case."
WP No. 25672 of 2022
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:-
"(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),
W.P.No.38068/2015 disposed on 09.09.2015
WP No. 25672 of 2022
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.
(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."
WP No. 25672 of 2022
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 of this Court
(supra) and the facts being undisputed, the petition stands
disposed on the same terms.
SD/-
JUDGE
SJK
